BINOD KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these cases have been heard together as the matter in issue is the same and the parties are also the same.

(2.) In the Review application, the petitioner, Binod Kumar Sinha has claimed for review of the judgment dated 19.10.1995 passed by Hon'ble Mr. Justice R.N. Sahay in C.W.J.C. No. 3836 of 1993 (R), whereby according to the petitioner, the Hon'ble Single Judge has committed error of record holding that the appointment of respondent Nos. 6 and 7 i.e. Mukesh Kumar and Atafur Rahman respectively is protected by the direction of this Hon'ble Court, which according to the petitioner, is basically incorrect and contrary to the records of the case.

(3.) The facts of the case which are almost admitted can be reiterated as follows. The petitioner Binod Kumar Sinha was appointed on 6.12.1982 as Compiler in the Forest Research Division under the Forest Department in the pay scale of Rs. 535 -765 (since revised to 975 -1540). As per norms the appointment to the higher post of Computer were used to be made by promoting the seniormost Compiler if eligibility remains so. Accordingly, when the post of Computer fell vacant in the Forest Research Survey Division another Wing under the same Department, the petitioner submitted his application on 22.8.1986 and the Conservator of Forest requested for sending full details of the petitioner by his letter dated 3.12.1988. Accordingly, the necessary details were sent by the Forest Research Officer by his letter dated 13.3.1989. However, the matter relating to the promotion of the petitioner to the post of Computer remained pending. The petitioner also submitted an application on 7.6.1988 praying for considering his case for appointment to the higher post of Computer.