Rameshwar Paswan v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14311 of 2006 ====================================================== Rameshwar Paswan son of Nathun Paswan, resident of village- Telmar, P.S. Harnaut, District- Nalanda, at present posted as Constable, Excise at Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Commissioner, Excise and Prohibition, Government of Bihar, Patna.
3. The Superintendent, Excise and Prohibition, Govt. of Bihar, Munger.
4. The Excise Inspector, Jamui, P.S. Jamui, District-Jamui.
5. Pakhan Mandal, son of not known, Assistant Sub-Inspector, Excise, Purnea.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinu Kumar Mr. Shiv Kumar Prabhakar Mr. Rajesh Kr. Singh For the Respondent/s : None.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 13-01-2015 The petitioner has filed the present writ petition seeking a direction to the respondents to promote him on the post of Assistant Sub-Inspector of Excise w.e.f. 27.10.2004. This matter was heard for some time on 24.11.2014 and on the request made on behalf of the petitioner, the matter was adjourned for six weeks enabling him to file a rejoinder to the counter-affidavit filed on behalf of the respondent no.2. However, despite the aforesaid indulgence granted by this Court, till date rejoinder affidavit has not been filed on behalf of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that the persons junior to the petitioner have been granted promotion to the higher post, yet the claim of the petitioner has not been considered and decided. However, in response to the query made by this Court he has fairly conceded
Patna High Court CWJC No.14311 of 2006 (3) dt.13-01-2015 2/2 that the petitioner has now superannuated from service on 30.06.2012 from the post of Constable.
In above view of the matter, this Court is not inclined to exercise its discretionary powers for granting the relief as prayed for on behalf of the petitioner, since at this belated stage, it would not be expedient to unsettle the seniority, which has attained its finality. Accordingly, the writ petition stands dismissed.
(Birendra Prasad Verma, J) BTiwary/- U