GIRINDRA KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE contention of the appellants is that any issue which they had raised is a class action within their cadre and, in fact, the issues had been decided after a decision of the Bihar Administrative Tribunal for its implementation. When a set of persons in similar circumstance had filed a petition, the statement was made on behalf of the State of Bihar that the State does not propose to challenge the order of the Bihar Administrative Tribunal. The issue, which was resolved, was that the post of the Assistant Engineer could have been filled up from amongst those Junior Engineers, who had completed five years of service and had passed A.M.I.E. Examination.

(2.) IN the circumstance, the court finds that the learned Judge committed an error while presuming that the petitioners had come late in seeking the relief. Any promotion had, in fact, been granted to the petitioner but in 1994. In this matter, the promotion had been granted and it was to take effect from a back date but it was rolled back only partly. In the circumstance the grievance of the petitioner had arisen in 1994. Thus, the observation that the petitioner had come after 17 years is an error apparent on the face of the record.

(3.) IN the circumstances, there cannot be two sets of Engineers in the same cadre and in similar circumstance, as this would be creating unequals amongst equals. The order on the writ petition is, thus, quashed. The decision in re : Ram Yatan Sharma and others (supra) is reiterated.