LAWS(PAT)-2003-5-42

STATE OF BIHAR Vs. MAHESHWAR PRASAD JHA

Decided On May 12, 2003
STATE OF BIHAR Appellant
V/S
Maheshwar Prasad Jha Respondents

JUDGEMENT

(1.) THIS Court fails to understand why the present Letters Patent Appeal has been filed when the learned Judge has already observed in his order that "this Court refrains from stating anything on the merit of the individual cases of the petitioners for their promotion to the higher post." The learned Judge has only required the State to consider the matter before it.

(2.) THE issue is not of less posts and many Engineers. It is no use crying that Bihar gets a bad name in being put the last in planning. The fact of the matter is that there is no dedication in planning. An Under Secretary who had sworn the counter affidavit in the writ petition took a very narrow approach on how to deny promotion to those Engineers who are seeking it.

(3.) THERE is no error in the order of the learned Judge.