MD.DAUD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD both the parties.

(2.) PETITIONER Nos. 1 and 2 were promoted to the posts of Horticulture Inspector by Office Order dated 19th August, 1980, whereas petitioner no. 3 was promoted to the post of Horticulture Inspector on 16th March, 1982. Since then the petitioners were working in the Horticulture Department of the State. In terms of a decision of the Promotion Committee taken on 24th April, 1999, the petitioners alongwith others were promoted to the posts of Horticulture Officer/Sub - Divisional Horticulture Officer on 14th October, 1999. The promotion as was effected on 14th October, 1999 was cancelled by an order dated 21st September, 2006. The validity of the said cancellation order is under challenge in the instant writ petition.

(3.) THE Second contention in the counter affidavit is that the petitioners did not complete five years of working in the Horticulture Department. This contention is contrary to record. Petitioners for the reasons indicated above, did complete more than five years working in the Horticulture Department before their case for promotion was considered.