LAKSHMAN PRASAD Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) THE present Writ petition has been preferred mainly for the reason that the Bihar State Housing Board has passed an order dated 18.05.2002 (Annexure 12 to the Memo of appeal) whereby the respondent no. 7, who is working in state of Jharkhand was promoted from the post of Junior Engineer to the post of Assistant Engineer without any power, jurisdiction and authority, specially after the bifurcation of the State of Jharkhand and the State of Bihar, as per notification by the Government of India dated 21st August, 2003 in pursuance of the Bihar State Re -organization Act, 2000 (Annexure 10 to the memo of petition), which has been referred while passing by the Honble Supreme Court in Civil Appeal 7242 of 2003 (arising out of S.L.P. (C ) no. 15442 of 2002 (Annexure 11 to the memo of petition) and, therefore, aggrieved by this, non est order, passed thoroughly without any jurisdiction and authority by the Bihar State Housing Board and giving promotion to Junior Engineer as Assistant Engineer the present petition. This petition has been filed under Section 226 of the Constitution of India.

(2.) HAVING heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears: -

(3.) LEARNED counsel appearing for respondent no. 7, or the person who is referred at serial no. 4 in the notification dated 18th May, 2005 issued by Bihar State Housing Board (Annexure 12), submitted that all the relevant aspect of the matter has been properly considered and, therefore, the order passed by the Bihar State Housing Board dated 18th May, 2003 is proper.