SACHCHIDANAND SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition the prayer on behalf of the petitioners is for issuance of an appropriate writ/order or direction to the respondents to consider their cases for promotion to the post of Steno S.I. from the date their juniors were promoted with all consequential benefits, including arrears of salary of the promoted post.

(2.) In paragraph 5 of the writ petition, names of juniors to the petitioners have been mentioned, which has not been denied in the counter affidavit rather, according to the learned Junior Counsel to Standing Counsel No. VI, it is admitted by the respondents that those who were retained as Steno ASI were juniors to the petitioners and were given promotion as S.I. without considering the case of the petitioners. However, he has submitted that the petitioners were transferred to general cadre in 1995 as they never opted to continue in the cadre of Steno ASI.

(3.) It is not the case of the respondents that there was/is any provision for exercise of option by such persons. It is not their case in the counter affidavit filed on behalf of the respondents either that the aforementioned juniors were retained be cause they opted to continue in the Steno ASI cadre.