Writ petition challenging a seniority list issued by the District Magistrate, West Champaran. The petitioner contested his junior stated position to respondent no. 3. The court observed that respondent no. 3 passed an earlier Accounts examination and was promoted sooner. The petition was held misconceived and dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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
... ... 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
2 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
2 issues framed by the court
Whether the seniority list issued by the District Magistrate, West Champaran, regarding respondents 2 and 3 in the ranks of Lower Division Clerk and Stenographer is sustainable in law.
Whether the petitioner's claim of seniority over respondent no. 3 in the Junior Selection Grade is tenable given the respective dates of joining and passing the Accounts examination.
Tapan Kumar
The State Of Bihar
The District Magistrate Cum Chairman, District Establishment Committee, West Champaran
Ram Prasad Singh
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
