ALLANDINASHRAF Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application prayer has been made for issuances of a direction to the District and Sessions Judge, Patna (respondent No, 2) to consider the case of the petitioner for promotion on the post of Seristadar in the judgeship with effect from 1-6-1992 since when the post fell vacant.

(2.) After filing of the writ application on 19th July, 1993 an office order , was issued by the then District and Sessions Judge, Patna on 31st July, 1993 promoting Md. Nuruddin, who is respondent No. 4 to the post of Seristadar of the court with effect from the date he joined the post. The validity of this order has been challenged by the petitioner by filing petition on 5-8-1993.

(3.) It has been contended by Mr. Tejbahadur Singh, learned Counsel appearing for the petitioner that undisputedly the petitioner is senior to respondent No. 4 in the Super Time Selection Grade. In support of this the learned Counsel has placed reliance on Annexure '1' which is a nothing but by the Registrar of the judgeship which has also been acted upon by the District and Sessions Judge, who appointed Anand Bahadur Singh, who was as No. 1 in the list as Seristradar, containing the names of Super Time Selection Grade clerks according to their seniority as Seristradar It is stated by the learned Counsel for the petitioner that the said Anand Bahadur Singh superannuated on 31st May, 1992, whereafter, the appointment of respondent No. 4 was made, vide Annexure '8' to the petition for amendment filed on behalf of the petitioner, arbitrarily ignoring the claim of the petitioner.