IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16071 of 2011
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Nanhe Raj Kumar & Ors
…. …. Petitioner/s
Versus
The Bihar State Electricity Bo
…. …. Respondent/s
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Appearance :
For the Petitioner/s : Mr. Awadh Bihari Ojha
For the Respondent/s : Mr. Vinay Kirti Singh
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2 16-09-2011 Mr. Ojha for the petitioner and learned counsel for the
respondent Board are present.
It is the grievance of the petitioner that while they
were functioning as Junior Engineer, they were granted
regular scale payable to the posts of Assistant Executive
Engineer w.e.f. 2001. The respondents by an order dated
16.12.2004 promoted them on adhoc basis as Assistant
Electrical Engineer. Subsequently, private respondents
herein were appointed from open market in the year 2009.
The respondents, by different notifications issued on
21.7.2011 (Annexure-1) promoted the petitioner w.e.f.
1.5.2011 as Assistant Executive Engineer ignoring their
status as Assistant Electrical Engineer promoted on adhoc
basis by order dated 16.12.2004. It is contended that as a
result of the aforesaid action taken by the respondents, they
shall rank junior to the private respondents.
Learned counsel for the respondents submits that
the matter may be adjourned enabling him to file counter
affidavit and justify the action taken by the respondent
Board.
Let notice of the application in the admission matter
be issued to respondent Nos. 4 to 51 under ordinary process
requisites etc for which must be filed within two weeks failing
which the application as against the concerned respondents
shall stand rejected without further reference to a Bench.
Post this matter after service of notice on the
respondents. Time, in the meanwhile, shall be utilized by the
respondents to file counter affidavit.
(Kishore K. Mandal, J)
PANKAJ KUMAR/-