RAM BRIKSH DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner and the counsel appearing for respondent nos. 3 and 4 as well as the counsel appearing for the Bihar Industrial Area Development Authority (hereinafter referred to as BIADA)

(2.) Petitioner has prayed for a direction commanding the respondents to give him Junior Selection Grade with effect from 1.7.1983 i.e. the date on which juniors to the petitioner have been given promotion in the Junior Selection Grade and Senior Selection Grade.

(3.) Petitioner is claiming his seniority against Ramanuj Mishra, C.P. Sinha and Raghunandan Thakur as well as Binda Ram. Admitted facts of the case is that the petitioner was appointed as Routine Clerk by the Managing Director, Industrial Area Development Authority, Patna on 26.2.1974. Ramanuj Mishra was appointed as Typist- cum-clerk on 1.3.1974. The petitioner was appointed on the post of Lower Division Assistant vide Memo no. 2252 dated 28.9.1974 Ramanuj Mishra was appointed on the post of Lower Division Assistant on 1.10.1975 C.P. Sinha was appointed on the post of Lower Division Assistant on 8.12.1975, and R.N. Thakur was appointed on 2.2.1976. Initially the petitioner claimed his seniority against Binda Ram but subsequently on filing counter affidavit on behalf of respondent nos. 3 and 4, stating that Binda Ram was Scheduled Caste and the petitioner's claim of seniority cannot be compared with him. Petitioner filed supplementary affidavit stating that in general category the petitioner is senior most, C.P. Sinha, R.N. Thakur and Ramanuj Mishra have been given promotion in the junior selection grade vide order dated 26.1.1981 contained in Memo no. 26121 with effect from 1.7.1981 as such petitioner is also entitled for his promotion in the junior selection grade from the said date.