MAHARAJ SHARAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the order dated 4.4.1994 whereby the Member Board of Revenue Bihar, Patna set aside the order of the Commissioner and allowed the appeal filed by respondent No. 5 and held that respondent No. 5 is senior to the petitioner.

(2.) THE petitioner 'scase is that he was appointed as Lower Division Assistant on 14.4.1956 and was promoted to Upper Division Clerk in 1961. In 1973 when Giridih district was bifurcated from Hazaribagh District, the petitioner was promoted as Selection Grade Assistant w.e.f. 1973 and his services was transferred to Giridih District. He was confirmed on the post of Upper Division Clerk and on the post of Selection Grade Assistant on 29.8.1978 and 1.10.1978 respectively. The petitioner said to have passed accounts examination in 1961 and was promoted to Super Selection Grade on 1.4.1981. According to the petitioner respondent No. 5 jointed on the post of Lower Division Assistant on 29.6.1955 and passed accounts examination on 24.11.1963 and hence he was promoted to the post of Upper Division Clerk on 23.5.1964. Respondent No. 5 was given Selection Grade and Super Selection Grade in 1978 and 1981 respectively and as such he is all along remain junior to the petitioner. In the year 1990 a seniority list was prepared in which the petitioner 'sname appeared at serial No. 7 where as the name of respondent No. 5 appeared at serial No. 10. Respondent No. 5 never filed any objection to the seniority list.

(3.) SIMILAR is the stand taken by the respondent -State in the counter affidavit that respondent No. 5 cleared the accounts examination on 24.11.1963 i.e. well within two years period as laid down in the rule and therefore, he was eligible to be promoted as Upper Division Clerk on his passing the accounts examination after reversion of his junior i.e., the petitioner. It is contended that the action of the respondents State is perfectly in accordance with law.