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Patna High CourtCWJC/16482/2013dismissed

Tapan Kumar v. The State Of Bihar And ORS

2023-01-10Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16482 of 2013 ====================================================== Tapan Kumar S/O Ramasharya Prasad Singh R/O Village- Goreya Kothi, P.SGoreya Kothi, District- Siwan. At Present Posted As Stenographer To Sub Divisional Officer, Bagaha, Dist.- West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate Cum Chairman, District Establishment Committee, West Champaran At Bettiah 3.

Ram Prasad Singh S/O- Not Known At Present Posted As Stenographer In The Office Of District Magistrate Cell, West Champaran, Bettiah ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Singh, Adv.

For the Respondent/s :

Mr.Kundan Bhadur Singh, SC XXII ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 10-01-2023 Heard the parties.

The petitioner has filed this writ petition for quashing the seniority list issued on 17.04.2012 passed by the District Magistrate-cum-Chairman, District Establishment Committee, West Champaran at Bettiah, whereby respondent no. 3 has been declared senior to the petitioner in the rank of Lower Division Clerk and in the rank of Stenographer and further to quash the gradation list of Stenographers as respondent no. 3 who joined on 16th May, 1975, as Stenographer whereas the petitioner had joined on 16th January, 1975, and further assails the order whereby the respondent no. 3 has been promoted as Senior

Patna High Court CWJC No.16482 of 2013(2) dt.10-01-2023 2/2 Selection Grade.

Reply has been filed and it is stated that the petitioner passed the Accounts examination on 08.08.1982 while respondent no. 3 passed the Accounts examination on 20th July, 1977, accordingly, respondent no. 3 was promoted to Junior Selection Grade on 01.04.1981 while the petitioner was promoted on 4th February, 1984, and thus the respondent no. 3 is senior to the petitioner.

No reply to the counter affidavit has been filed. Keeping in view the stand taken by the respondents, it is held that the petitioner is junior to the respondent in the junior selection grade.

The writ petition is misconceived and is, accordingly, dismissed.

(Sanjeev Prakash Sharma, J) Shamshad/- Item No. 35 U