SHAILENDRAKUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is admitted. As the respondents have already appeared and filed counter affidavits and rajoinders have also been filed, with the consent of the learned Counsel for the parties the matter is finally heard and is being disposed of.

(2.) The petitioner in the present writ application has prayed for quasing. of the order of the State Government contained in letter No 1540 dated 3rd October, 1992 issued by the Dy. Secretary to the Government in the Departments of Forest and Envitoment, contained in Annexure '1' whereby and whereunder while refomring to the notification No. (See dated 16-9-92 of the Bihar State Pollution Control Board (hereinafter referred to as "the Board") promoting the petitioner along with one Scasni Bhushan Kumar to the post of Scientist and consequently posting them in the Central Laboratory, Patna, besides notification No 57 dated 14th August. 1992 the effect of decision of the Board in its meeting dated 25th September, 1992 in that regard have been suspended and further, the Chairman of the Board has been directed to submit report in that concection before taking any further action.

(3.) In short the case of the petitioner is that there were 8 posts of Scientist in the Board, which is the next higher post of the senior Scientific Assistant in the ladar of promotion and the petitioner having all the requisite qualifications for his promotion to the aforesaid post of scientist and being a member of the scheduled caste for whom one of the said post was reserved, made sevaral representations for consideration of his case However, when he did not get any relief, be filed CWJC No. 2594 of 1991 in this Court, which was disposed of by order dated 30-7-1992 (Annexure 2) with a direction to the petitioner to file representation, which was directed to be disposed of within 3 weeks from that date. The petitioner was given liberty to move this Court again if still felt agrieved.