ARVIND KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the learned counsel for the State as well as the learned counsel for some of the concerned respondents, who have appeared after notice.

(2.) IN this writ petition, the petitioners have assailed the validity of the order, bearing Memo No. 1713 dated 28.7.2001, contained in Annexure 1, whereby and whereunder the dates of promotion of the concerned respondents have been shifted from the dates of completion of eight years "Kalawadhi" by them and in consequence thereof their seniority vis -a -vis the seniority of the direct recruits, i.e., the petitioners herein, have been fixed vide Annexure 2 as is evident from sub -paragraph (Kha) of paragraph 3 of Annexure 2 itself.

(3.) LEARNED counsel for the petitioners has submitted that while issuing notice vide order dated 14.5.2002, this Court directed that, in the meantime, any decision taken by the authorities pursuant to the impugned gradation list shall abide by the ultimate decision of this Court. It has been submitted that once the order, contained in Annexure 1, has been cancelled by Annexure D, the seniority fixed in the gradation list (Annexure 2) on that basis also cannot stand; more so because the petitioners are the direct recruits whereas the concerned respondents are promotees. Learned counsel has further submitted that during the pendency of the writ petition, the respondents have granted promotion to some of the concerned respondents on the basis of the seniority list, contained in Annexure 2, which fact has seriously been controverted by Mr. Mukhopadhyay, learned counsel appearing for the concerned respondents.