AKHILESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The case of the petitioner is that he and respondent No. 6 both were appointed as Junior Enginer (Civil in the Animal Husbandry, Department on the same date. i. e. 22-11-1985 which fact has however been disputed by the learned counsel for respondent No. 6. services of both of them wete regularised under Bihar Ordinance No. 32 of 1986 (Annexure 3). Further case of the petitioner is that on 19-7-1989, both namely, the petitioner as well as respondent No. 6 were made Incharge Assistant Engineer,

(2.) It is stated by Mr. Ram Balak Mahto, learned Senior counsel appearing for the petitioner that there are three posts of Assistant Engineer lying vacant in the Department, yet the Departmens has only forwarded the case of respondent No. 6 for consideration of his case for promotion to one of the post of Assistant Engineer, to the B P. S C. vids letter No. 211 dated 23-2-1995 It is also stated that as the petitioner could not get a copy of the said letter, the same has not been filed by him.

(3.) It appears that the seniority of the petitioner vis-a-vis respondent No. has not been finalished. A tentative gradation list has been circulated only on 2nd June, 1925, vide letter No. 2621 inviting objection. Admittedly, the said gradation list has not yet been finalised in the Department.