NITYANAND SINHA Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The petitioner by way of the present writ petition has prayed for quashing the order dated 08.06.2004 whereby and whereunder the promotion of the petitioner to the post of Fitter Grade-II has been cancelled.

(2.) The learned counsel for the petitioner has submitted that the said order dated 08.06.2004 has been passed on a wrong consideration of factual position inasmuch as the petitioner was regularized in the regular establishment with effect from 01.04.1977, as has been admitted by the Respondents in Paragraph No. 6 of their counter affidavit, but still the Respondents have ignored the same while passing the impugned order, hence, on this ground alone, the impugned order dated 08.06.2004 is fit to be set aside.

(3.) Having regard to the facts and circumstances of the case, the impugned order dated 08.06.2004 is set aside and the authorities are granted liberty to reconsider the matter of the petitioner herein considering the fact that his services was regularized in the regular establishment with effect from 01.04.1977.