KRISHNA KANT TRIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been filed against the judgment and order of the learned writ Court dated 22 September, 2000 passed in C.W.J.C. No. 11476 of 1999 by which the learned writ Court had held that when the post in question was vacant the petitioner did not continue to be in the Bihar Education Service as such his seniority in Bihar Education Service could not have been fixed. However, while parting with the order it observed that the respondent State should issue appropriate orders with respect to grant of junior selection grade to the appellant within two months of receipt/production of a copy of the order.

(2.) THE appellant relying on another order of another Bench of this Court in C.W.J.C. No. 8170 of 1995 : Dr. Ram Chandra Choudhary V/s. The State of Bihar reported in 1996 (1) P.L.J.R. 849 had contended that the institution in question had never vested with Kameshwar Singh Darbhanga Sanskrit University, but continued all along with the State of Bihar. A further development has also been brought on record by stating that a notification has already been issued by the Secretary, Primary and Adult Education dated 14 February, 2001 granting junior selection grade to the appellant with effect from 1.4.1987, which, as per the stand of the State could not have been granted to him.

(3.) THE order dated 22 September, 2000 is modified to the extent indicated above. With the aforesaid modification, the appeal is dismissed.