RABINDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this writ application is aggrieved by the notification dated 10.3.1995, contained in Annexure 1, by which respondents no.6 to 8 have been promoted to Bihar Educational Service Class II. Accordingly, he has prayed for quashing of the said notification.

(2.) IT is alleged that although he is senior to respondents no. 6 to 8 in Bihar Subordinate Educational Service. (Upper Division) in Bihar Rashtra Bhasha Parishad (in short 'the Parishad'), but they have been promoted by the said notification without considering his case.

(3.) THE case of the petitioner, in short, is that he was appointed in the aforesaid service of the Parishad on 13.11.1975, vide Annexure 2, where he joined on 1.12.1975. Prior to his joining Parishad, he was working in K.P. Jaiswal Research Institute from the year 1964. The petitioner was given Selection Grade Scale, vide Order No. 487 dated 1.2.1986 and Senior Selection Grade Scale, vide Order No. 813 dated 1.2.1989, contained in Annexure 2 Series. According to the petitioner, respondents no.6 to 8 were appointed in the service of the Parishad much after him and his seniority over respondents no.6 to 8 in the cadre of Subordinate Educational Service (Upper Division) in the Parishad is undisputed. It is stated that the petitioner has unblemished record of service and as such he was entitled for being considered for promotion in the Bihar Educational Service Class II along with the said respondents no.6 to 8. The seniority of the petitioner vis -a -vis respondents no.6 to 8. was decided on 30.7.1991, vide Annexure 7, wherein the petitioner was placed at serial no.1 and respondents no.6 to 8 were placed below him at serials no.2 to 4 respectively.