SHEO DUTT SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are two petitioners in the present writ application. Both have superannuated from service of Bihar School Examination Board.

(2.) They want quashing of order dated 27.4.2000 contained in Annexure -2 by virtue of which their eariier promotion granted to the post of Section Officer have been withdrawn. According to petitioners vide order contained in Annexure -1 dated 15.1.1999 large number of persons including these petitioners were granted promotion from the post of Senior Assistant to the post of Sectional Officer. This order, however, was a conditional order because the order passed states that this will be subject to approval by the Bihar Public Service Commission as well as the State of Bihar. This is so because the Regulation, 1964 of the Board Chapter -X Rule 42(2)(iii)(a) mandates so. The order contained in Annexure -1 also talks about a legal opinion in this regard. 1999. promotion order contained in Annexure -1 was subsequently withdrawn vide Annexure -2. Petitioners state that order for withdrawal of promotion which was earlier given to them was taken in the light of letter No. 201 dated 7.3.2000 issued by the Department of Education, Government of Bihar.

(3.) PETITIONERS categorically state at the outset that though the order withdrawing the promotion order was passed on 27.4.2000 but they could file the present writ application in the year, 2005, i. e. after superannuation because they had no knowledge of the contents of the Government letter No. 201 dated 7.3.2000. It is much later that they managed to. lay their hands on the said letter which is Annexure -5 to the writ application.