RAMAWTAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER seeks direction upon the respondents to consider his case for promotion to the post of Labour Superintendent in terms of the Bihar Labour Service (General) Rules, 1969. The grievance of the petitioner is that as per Rule 6 of the aforesaid rule 50% post has to be filed up by appointment through promotion and the respondents are bound to consider the case of the petitioner while filling up the said post. It is contended that the persons junior to the petitioner were considered for promotion but despite representation filed by him, respondents did not take any step to consider the case of the petitioner for promotion.

(2.) IN the counter affidavit, it has been categorically stated by the respondents that 50% vacant posts of Labour Superintendent has been filled up in terms of the aforesaid rules by appointment through promotion in seniority from the post of Labour Enforcement Officer, Labour Welfare Officer and Statistical Inspector. The respondents have taken steps for promotion of 39 employees of different cadre to the post of Labour Superintendent. It is contended that according to seniority candidates upto seniority No. 120, were called for consideration. Since the petitioner stands at serial No. 140, in the seniority list his case was not considered for promotion. This fact has not been controverted by the petitioner by filing any rejoinder to the counter -affidavit.

(3.) FOR the reasons aforesaid, no relief can be granted to the petitioner at this stage. this writ application is accordingly dismissed.