ASHARFI BAILHA Vs. STATE

JUDGEMENT

(1.) HEARD Sri Shivaji Pandey for the petitioner and Sri S.P. Verma, J.C. to G.P. V for the State of Bihar.

(2.) THE petitioner is a Class -Ill employee in the Collectorate at Hajipur. He has filed this writ petition for a direction to the respondent District Magistrate, Vaishali to consider his case for promotion on the post of Office Superintendent which has become vacant after superannuation of Awadh Narain Baitha after making necessary correction in the gradation list bearing memo no. 468 dated 6.7.2005, annexure 6 as thereunder Kamal Deo Narain Singh, Basisth Prasad Gupta and others who were junior to the petitioner in the basic grade have been shown as seniors which is very much evident from the perusal of the said list with reference to the date of appointment.

(3.) LEARNED counsel for the State with reference to the counter affidavit has submitted that the petitioner is not entitled to be considered for promotion on the post of Office Superintendent as the post meant for the SC category has already been filled up from the persons coming from that category and his case for such promotion can only be considered as and when roster point of that category becomes vacant.