GOPAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, besides other reliefs, the petitioner has prayed for quashing the order dated 17.4.1992 whereby the representation of the petitioner filed in compliance of the direction of this Court issued in CWJC No. 1640/9KR1. has been rejected by the Secretary, Department of Mines and Geology, Government of Bihar.

(2.) SINCE the petitioner has been fighting the legal battle right from 1974, the facts of the case have been discussed in various writ petitions filed by the petitioner and it has a chequered history.

(3.) THE petitioner, therefore, filed objection but no order was passed on the said representation and the provisional seniority list was made final by publishing the same on 13.1.1980. The petitioner then filed CWJC No. 793/80 challenging the various orders of the respondents by which adverse entry was made in his confidential character roll, the order by which the designation of Lab -Assistant/Assistant Chemist in the Chemical wing of the Deptt. of Geology was changed as Geological Analyst and also the order by which the petitioner was informed that it was not possible to promote him to the post of Chemist -cum - Analyst. The writ application was heard and allowed by the Court in terms of judgment dated 6.2.1986. By the said judgment this Court quashed the final seniority list and directed the respondents to call for objections from the petitioner and the persons at serial Nos. 2 to 6 and. Thereafter, finalise the seniority list of the petitioner vis -a -vis those persons. It was further observed that if any person whose name appears at serial Nos. 2 to 6 have been promoted ignoring the case of the petitioner, then they shall be placed at the place where they were promoted. It was further directed that the case of the petitioner and the persons who were eligible i.e. who were working atleast for five years as Assistant Chemist or Lab -Assistant and had requisite qualification, shall be considered for filling up the superior posts to which they were entitled to be promoted.