LAWS(PAT)-2013-1-100

LALAN KUMAR LAL DAS Vs. CHIEF EXECUTIVE OFFICER

Decided On January 14, 2013
Lalan Kumar Lal Das Appellant
V/S
CHIEF EXECUTIVE OFFICER Respondents

JUDGEMENT

(1.) The present interlocutory application has been filed on behalf of the petitioner with a prayer to permit him to challenge the validity and correctness of final seniority list dated 28.12.2012 (Annexure-7 to the present interlocutory application) of Upper Division Clerks as on 31.3.2012 of Joint Cadre of Bihar and Jharkhand issued by the respondent Director of Khadi and Village Industries Commission, Patna, whereby the petitioner has been shown junior to respondent nos. 5 and 6.

(2.) With the consent of parties, the matter has been taken up for its final disposal.

(3.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India originally with a prayer for setting aside the Memo dated 10.9.2004 (Annexure-4) issued by the respondent State Director, Khadi and Village Industries Commission, Patna, (hereinafter referred to as the "respondent Commission"), whereby his representation for declaring him to be senior to respondents 5 and 6 has been rejected. The petitioner has also prayed that he may be declared senior to respondents 5 and 6. In view of the order passed in the Interlocutory Application No. 230 of 2013, he has been permitted to challenge the validity and correctness of the final seniority list dated 28.12.2012 (Annexure-7) of Upper Division Clerks of Bihar Cadre, comprising Bihar and Jharkhand, whereby the petitioner has been shown junior to the respondent nos. 5 and 6.