Sri Jang Bahadur Sharma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1037 of 2017 In Civil Writ Jurisdiction Case No.15265 of 2008 ====================================================== Sri Jang Bahadur Sharma, son of Late Gayan Singh, resident of VillageNaugawt, P.S.- Ekangarsarai, District- Nalanda. ... ... Appellant
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Commissioner-cum-Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna.
3. The Commissioner-cum-Secretary, Finance Department, Government of Bihar, Patna.
4. The Deputy Secretary, Personnel and Administrative Reforms, Government of Bihar, Patna.
... ... Respondents ====================================================== Appearance :
For the Appellant :
Mr. Kumar Madhurendu, Advocate Mr. Gopal Govind Mishra, Advocate For the Respondents :
Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 02-05-2018 Heard counsel for the appellant and counsel for the State.
The learned single Judge has committed no error in dismissing the writ application for the simple reason that the writ petitioners started their career as a Steno-Typist. The seniority which they are asking, from the date of initial appointment is a misplaced expectation to have especially when there are other persons who had started their career on the higher post and
Patna High Court LPA No.1037 of 2017 dt.02-05-2018 2/2 position and only by virtue of merger they came to be equated with Senior Personal Assistants or Private Secretaries. Their seniority of service cannot be carried over from the date of their initial appointment which was the post of StenoTypist for deciding their seniority as P.As. or P.S. over and above the persons who were appointed as P.As. or P.S. in the very first place. Even in their letter of appointment and engagement it is very clearly indicated that they cannot earn seniority on the basis of their past service especially when the two merged cadres were at different levels and positions.
Appeal has no merit. It is dismissed.
(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) Pawan/- AFR/NAFR N.A.F.R.
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