ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is primarily aggrieved by a notification dated 11.11.1996 by which he has been promoted in the higher pay-scale of Senior Geologist with effect from 1.4.1992 whereas three persons, namely, Shyam Sunder Singh, Pradeep Kumar and Akhilesh Prasad, have been promoted with effect from 11.5.1990. Learned Counsel for the petitioner points out that from the final gradation list, as contained in Annexure-3, it would be evident that the said three persons are junior to the petitioner and had joined their service on dates later to the date of joining of the petitioner.

(2.) During the pendency of this writ application, representation of petitioner was considered and it was rejected which has also been brought on record through I.A. No. 13536 of 1998, as Annexure-14, and the prayer in the interlocutory application has been made to challenge the rejection order also. The said interlocutory application is allowed. Petitioner is at liberty to challenge the said communication dated 14.1.1998 as Annexure-14 with the same.

(3.) Counter-affidavit has been filed in this case. Learned Additional Advocate General appears for the Mines Department and submits that there was a departmental proceeding against petitioner and the same was concluded with adverse entry in his service records and that adverse entry was treated as continuing for three years i.e. for the years 1989-90, 1990-91 and 1991-92. Hence, after expiry of the said period, petitioner was panted promotion with effect from 1.4.1992, as would be evident from the proceeding of the Departmental Promotion Committee annexed as Annexure-13 with the writ application.