ARVIND KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ANY opportunity on which the petitioner contends was not granted has been sufficiently provided by this Bench on the Letters Patent Appeal of the petitioner.

(2.) IN the writ petition an issue was raised that the petitioner is being dismissed from his appointment. This is not so. A reading of the impugned Annexure 11 dated 27th March, 2002 to the writ petition, puts the controversy in perspective. The petitioner 'sstatus an he joined the service is only of that of a tracer. He received an appointment as a Junior Engineer. Apparently, someone else was also seeking appointment by promotion on this post and the issues were debated in a cause, C.W.J.C.No. 2385 of 1994.

(3.) THE other submission of the petitioner that he was holding the post of Junior Engineer for a long time is irrelevant. No one can hold the post illegally. The petitioner may remain on his substantive post. In so far as the post of Junior Engineer is concerned, the petitioner may, if he so desires, be a contender but in accordance with law.