GUPTESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Jitendra Nath, learned counsel for the Petitioner and Mr. Manoj Kumar, JC to GP -II.

(2.) THE case of the Writ Petitioner in the instant case is that having passed the Writers Constable Examination way back in the year 1970, he became entitled to rank senior to those persons who had not passed the said examination. Yet, the respondents for some reason or the other, promoted other persons who had not even passed the said examination and superseded the Petitioner. Consequently, the Petitioner at an earlier stage moved the then Ranchi Bench of the Patna High Court vide CWJC No. 3618 of 1996(R) and by Order dated 3.2.1997, he was given liberty to file a representation before the authority concerned who was directed to pass a speaking order within the certain period of time indicated in the Order which is contained at Annexure -1 to this Writ Application. After the aforementioned order had been passed by the then Ranchi Bench of the Patna High Court, the Respondent No. 2 passed the impugned order dated 23.9.1997 rejecting the claim of the Petitioner. The reason assigned in the said order is that the Petitioner had been given promotion on Range basis and therefore, it was not possible to maintain seniority at the State level.

(3.) ACCORDING to him, specific guidelines have been given in Annexure-4, relating to the manner in which successful candidates were to be dealt with in matters relating to seniority. Since the Petitioner had passed the examination, therefore he should have been given automatic promotion and/or seniority over and above those who had not passed the same.