Petitioners challenged denial of promotion from Class-IV to Class-III in Zila Parishad containing jurisdiction, claiming requisite qualification. Court held that presence of four senior persons nullified promotion eligibility, dismissing petition. Oral order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12201 of 2013
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.... .... Petitioner/s Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
5 09-01-2015 Heard counsel for the petitioners and the respondents. In the present case, petitioners are claiming their promotion from Class-IV to Class-III post in the Zila Parishad claiming that they have requisite qualification for the same and posts are available for their promotion.
A counter affidavit has been filed in which in Para-4 it has been mentioned that two posts are available and four persons, namely, Diwakar Mandal, Harishankar Singh, Binod Kumar and Arvind Kumar Jha are above them and, as such, claim of petitioners is completely misconceive3d and misdirected and cannot be entertained.
Patna High Court CWJC No.12201 of 2013 (5) dt.09-01-2015
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In such view of the matter, the question for their consideration for promotion above those four persons does not arise.
Accordingly, this petition is dismissed.
(Shivaji Pandey, J) Jay/U
1 issue framed by the court
Whether petitioners are eligible for promotion when senior staff members are appointed ahead of them
Chandra Shekhar Jha
Anant Kumar
The State Of Bihar
The District Magistrate, Bhagalpur
The Chairman, Zila Parishad, Bhagalpur
The Deputy Development Commissioner Cum Chief Executive Officer, Zila Parishad, Bhagalpur
Shivaji Pandey
As recorded by the court registry
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