SHYAM BIHARI MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Learned Counsel for the petitioner and the learned Counsel for the State.

(2.) THE claim of the petitioner in the present writ application is for promotion to the post of Reader with effect from 7.7.1980 and to that of the post of Professor from 7,7.1985 in the Kaya Chikitsa Department (Department of Indigenous Medicines), Ayurvedic College, Patna.

(3.) EARLIER a counter affidavit was filed on behalf of the respondents which would slate that in the Department of Kaya Chikitsa there were only two posts of Reader at Ayurvedic College, Patna and one in Begusarai. One of the post was for reserved category and that as per the seniority list Dr. Deb Brat Narayan Singh was senior to the petitioner and therefore he had been given promotion on the post of Reader on 14.9.2004. The counter affidavit would be silent with regard to the assertion of the petitioner vide Annexure 5, the final gradation list, that the petitioner was admittedly senior to Dr. Deb Brat Narayan Singh.