NAGENDRA KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Negendra Kumar Prasad, opposite party No. 1 in the civil review application and the petitioner in the M.J.C. application, had filed writ-petition, bearing C.W.J.C. No 1364 of 1996, in this Court for a direction to the respondents to treat him an appointee of the year 1967 in the light of the office order dated 30th September, 1995, passed by the Engineer- in-Chief-cum-Additional Commissioner -cum-Special Secretary, Road Construction Department (in short 'R.C.D.'), contained in Anrtexure 7, and to quash the gradation list dated 3rd August, 1992 so far as it related to him and accordingly to fix his seniority in the gradation list of Assistants of Secretariate and Attached Offices, as per the existing rules, and, further, to give him promotion from a date prior to the persons junior to him had been promoted.

(2.) In the said writ application, a petition at flag 'A was filed praying for grant of stay of the operation of the notification dated 30th January, 19%, contained in Annexure 9 to the said petition, whereby and whereunder, according to the petitioner, the persons much junior to him had been promoted as Section Officer ignoring his legitimate claim and without fixing his seniority pursuant to the Government order, contained in Annexure 7.

(3.) The said petition was placed for orders on 15.2.1996, when the learned State Counsel was directed to take full instructions in the matter and file counter-affidavit on behalf of the respondents after serving a copy of the same on the learned Counsel for the petitioner on or before 23rd February, 1996. The matter was directed to be listed on 26th February, 1996 under the heading "For Admission" for final disposal. It was made clear that if no counter affidavit was filed, the matter shall be disposed of on the basis of the materials available on the record.