EMANUAL EKKA Vs. RANCHI KHATRIYA GRAMIN BANK

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the Order dated 18 th March, 2004 passed by learned Single Judge in C.W.J.C. No. 2024 of 2001, whereby and where under, while the learned Single Judge dismissed the writ petition preferred by one Binod Kumar (C.W.J.C. No. 2023 of 2001), also dismissed the writ petition preferred by the appellant. The aforesaid writ petition (C.W.J.C. No. 2023 of 2001) was preferred by the appellant against the Notification dated 9 th April, 2001, whereby and where under, giving reference to a judgment of the High Court and on the ground of implementation of the said judgment, the petitioner and 18 others were reverted from the post of Officers to the lower clerical cadre w.e.f. 1 st May, 2001.

(2.) THE only question requires for determination in the present appeal is whether the appellant, who was not a party to the earlier writ petition being C.W.J.C. No. 160 of 1991(R) and was promoted to the Officers cadre prior to the filing of the aforesaid writ petition can be reverted to the lower clerical post giving reference to the judgment aforesaid?

(3.) FROM the judgment dated 10 th January, 2001 passed in C.W.J.C. No. 160 of 1991(R), it will be evident that the Court while set aside the Notification dated 20 th November, 1990, directed the respondents to consider the cases of all eligible candidates, including the petitioner; contesting 3 rd to 7 th respondents and the intervenors of the said case, if otherwise eligible for promotion to the post of Field Supervisor. As the appellant was not a party to the said case, no direction was given in regard to him. Further, the appellant having already been promoted as Field Supervisor, there was no occasion for the Court to direct the respondents to consider his case.