BISHWANATH DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal is against an order dated 11 September, 1995 on C.W.J.C. No. 4900 of 1995: Bishwanath Dubey and Ors. v. The State of Bihar and Ors.

(2.) On facts taken in the petition, on record, there is no issue. The petitioners were admittedly senior to the respondents and prayed that they be given their seniority over the respondents at the rightful place in a combined cadre of the departments concerned. The relief as prayed was denied. The learned Judge was of the opinion that the petitioners had approached the High Court belatedly. Limitation defeated the cause. Thus, the present Letters Patent Appeal.

(3.) While the matter was being debated, gradually the Court had to examine 11 sets of records (and many cases within these 11 sets of records) so that substantial justice is done that a person otherwise a senior is not left down the ladder; to inquire the reasons why seniors were left out and juniors promoted over them. This circumstance is an aspect on record and not in issue. Then why did all this happen? Collusion and misrepresentation between claim seekers and State officials is a circumstance which is emerging from the record.