LAXMI KANT PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner seeks promotion from the post of Work Circar to Supervisor Grade -I. It is his specific case that persons junior to him have been promoted. His assertion in the writ petition in context of more than one named persons has not been denied in the counter affidavit and has been answered as 'requiring no comments '. With regard to one of them, the counter affidavit states that he has been granted such promotion in pursuance of certain orders of this Court. The petitioner was promoted from the Work Charge Establishment to the post of Supervisor on 29.9.1992. He was reverted from the promoted post on 16.10.1992. He came to this court alongwith others in CWJC No. 10216 of 1995. The writ petition was disposed on 5.5.1997 noticing their stand that the issue involved was under consideration before a Bench of this court in CWJC No. 2524 of 1996, which appears to have travelled in L.P.A. No. 836 of 1997 finally disposed on 1.11.2006 [2007(1) PLJR 358] holding that an employee in the work charge establishment came into regular establishment after completion of one year in the work charge establishment, relying upon a Government order published in the Gazette of April, 1950 in exercise of powers under Article 309 of the Constitution.

(3.) THIS writ petition has been preferred prior to the pronouncement of the Division Bench as aforesaid.