GULAB CHAND PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE grievance of the petitioner in the instant case is that although he ranks senior to the respondents no. 6 and 7, as claimed by him on the basis of the order dated 10th July, 1997 (being the seniority list) as contained in annexure -1 appended to the writ application and although he was entitled to promotion he has been superseded by them. Consequently, the petitioner makes a prayer for granting him promotion in the higher post of Plant Protection Supervisor together with all consequential benefits and also for modifying the office order no. 8717 dated 27.11.1996 as contained in annexure -2 appended to the writ application whereby and whereunder respondents no. 6 and 7 superseded him.

(2.) ALTHOUGH both States i.e. the State of Bihar and the State of Jharkhand were directed to file counter affidavit on 8.10.2001, it is only the State of Jharkhand which has come forward with the counter affidavit, whereas the State of Bihar has chosen not to do so.

(3.) MR . Pankaj Kumar J.C. to Mr. A. Allam, who generally appears on behalf of the State of Bihar, prays for an additional six weeks' time to seek instructions and file counter affidavit but in view of the nature of the order that this Court proposes to pass, no further time is necessary to be given to them.