LAWS(PAT)-2007-2-160

STATE OF BIHAR Vs. RAMESHWAR PRASAD VERMA

Decided On February 06, 2007
STATE OF BIHAR Appellant
V/S
Rameshwar Prasad Verma Respondents

JUDGEMENT

(1.) IN this Letters Patent Appeal the challenge is against the order of the learned Single Judge, recorded, on 1.2.2006, in C.W.J.C. No. 13918. of 2004, whereby, it came to be declared that the original writ petitioner, respondent herein, has acquired the status of Overseer/Junior Engineer with effect from 9.11.1969 and shall continue to hold such status. It is further held that in the event, anyone junior to the petitioner has been granted promotion, the case of promotion of the petitioner should be considered within a period of one month from the date of order with a further direction that the petitioner shall be given such promotion with all financial benefits from the date his junior was promoted.

(2.) WE have heard learned counsel appearing for the parties. We have examined the facts and circumstances, as well as, the materials on record. The following aspects are no longer in dispute:

(3.) IT is not a case that the original petitioner, misled or played fraud. The challenge against the gradation list came to be made a few years before the retirement of the petitioner in the year 1991.