BHUNESWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Present petition is filed assailing Memo dated 19.9.1997 and Memo dated 2.4.1998, Annexure No. 1, whereby the petitioner was superceded by respondent nos. 4 to 20, who are much junior to the petitioner and were given promotions to the post of Head Warden ignoring the candidature and seniority of the petitioner with a further direction that petitioner be given promotion from the date his juniors i.e., respondent nos. 4 to 20 were given promotion w.e.f. 2.4.1998. Hon'ble Apex Court in the case of State of Uttarakhand and Anr. vs. Umakant Joshi, 2012 3 JCR 224 in paragraphs-11 and 12 has held as under:--

(2.) In view of the judgment of the Hon'ble Apex Court as referred to hereinabove, this Court which came into existence w.e.f. 15th November, 2000 has no jurisdiction to issue a writ of mandamus commanding the authorities to grant the promotion to the petitioner w.e.f. 2.4.1998 i.e., the date prior to the creation of the State of Jharkhand. Therefore, this writ petition is not maintainable before this Court and is consequently dismissed. However, petitioner shall be at liberty to approach the appropriate forum in accordance with law.