LAWS(PAT)-1997-5-85

JITENDRA KUMAR Vs. PRAMOD KUMAR PANKAJ

Decided On May 23, 1997
JITENDRA KUMAR Appellant
V/S
PRAMOD KUMAR PANKAJ Respondents

JUDGEMENT

(1.) The above-mentioned three appeals under Clause 10 of the Letters Patent of Patna High Court are directed against the judgment of a learned Single Judge in C.W.J.C. No. 2489 of 1993, whereby, he has quashed the order of the Department of Water Resources, Government of Bihar, dated 22.12.1992 (Annexure-11 to the writ petition) and the notification dated 6.4.1993 (Annexure-16 of the writ petition) where under, different Junior Engineers were promoted to the posts of Assistant Engineers.

(2.) The writ petition being C.W.J.C. No. 7826 of 1995 has been filed for a direction to the Respondents to treat the Petitioners, promoted to the posts of Assistant Engineers with effect from 1.5.1991 and to give all consequential benefits, as was made available to the Petitioners of C.W.J.C. No. 4286 of 1993, disposed of on 12.11.1993.

(3.) One intervention petition at Flag-B to L.P.A. No. 101 of 1994 has also been filed by one Arun Kumar. His claim is that seniority of such Junior Engineers, who had completed five years of service be determined for the purposes of promotion in special quota from the date of their obtaining degree in Engineering or equivalent Diploma Examinations. According to his case, since he passed A.M.I. Examination within five years of service, he should be declared senior to those, who passed such examinations after completing five years of service. It was contended although this writ application was directed to be heard and disposed of with C.W.J.C. No. 2489 of 1993 but unfortunately at that time it was not placed for hearing. There fore, in the changed circumstances the intervention petition was filed.