SHEIKH SOHRAB Vs. MD.KASIM ANSARI

JUDGEMENT

(1.) PETITIONER was employed and posted as Senior Clerk in Indian Lac Research Institute, Namkum, Ranchi (hereinafter referred to as the Institute). One K.L. Chowdhury was also working there as Senior Clerk and was senior to the petitioner.

(2.) ONE Sudarsan Ram, who was senior to K.L. Chowdhury along with R.K. Upad - hyay, N. Topno (Scheduled Tribe) and Md. Mobarak, who were junior to K.L. Chowdhury were promoted to the next higher post of Assistant by upgradation with effect from 6.11.1998. Later on the petitioner as well as one B.K.Rajak (Scheduled Caste) were also promoted to the post of Assistant with.effect from 28.11.1998.

(3.) SIMULTANEOUSLY , the Institute was directed to ensure that the total number of up -gradation including that of K.L. Chowdhury should not exceed the number of posts approved for up -gradation by the Council, which might result into reversion of the junior most person on his promotion. On the recommendation of the Departmental Promotion Committee, an office order was issued on 14.8.2000 upgrading K.L. Chowdhury to the post of Assistant with effect from 6.11.1998.