ABU TAHIR QUDDUSI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application was originally filed for issuance of a writ in the nature of certiorari for quashing the order as contained in Memo dated 23rd August, 2002 (Annexure -8), whereby the representation filed by the petitioner for considering his case for appointment to the post of District Transport Officer (Junior) has been rejected. Further prayer made by the petitioner is to issue a writ in the nature of mandamus commanding the respondents -State and its functionaries to consider his case for appointment to the post of District Transport Officer (Junior).

(2.) DURING the pendency of the writ application persons junior to the petitioner have been granted promotion and that necessitated filing of a supplementary affidavit. In this, petitioner has prayed for issuance of writ in the nature of mandamus for grant of promotion with effect from the date on which junior to him were promoted with all consequential benefits. This also necessitated filing of an interlocutory application (IA No. 4609 of 2006) praying to implead juniors who have been promoted to the said post and by order dated 22.1.2007 they have been impleaded as respondent Nos. 5 to 7.

(3.) IT is the stand of the petitioner that District Transport Officer, East Singhbhum, Jamshedpur where he was posted nominated his name and sent the records by letter dated 21.6.1999. However when the petitioner came to know that his candidature was not forwarded to the Bihar Public Service Commission he sent representation, which did not yield any result. Ultimately he filed a writ application before this Court which was registered as CWJC No.7369 of 2002 (Md. Abu Tahir Quddusi Vs. State of Bihar). This Court by order dated 12.7.2002 directed the authority to dispose of the representation. By reasons of the impugned order the representation of the petitioner has been rejected on the ground that the nomination of the petitioner by the Controlling Officer as contained in its letter dated 21 -6 -1999 was received on 14th July, 1999 i.e. after the last date of receipt of the application.