(1) DELAY condoned.

(2) LEAVE granted.

(3) HEARD counsel for the parties. The appellant was initially appointed as a Typist on 7/11/1974, and was regularised on 13/12/1976; and having become eligible for promotion as a Junior Section Grade Head Typist, he was promoted 9 with effect from 7/11/1981. For promotion as a Senior Selection Grade Head Typist, rules require him to put in 5 years of service to become eligible for promotion. When his turn came as a reserved candidate (Scheduled Caste), he was considered by the Promotion Committee and was promoted on 13/1/1987. The respondent, a general candidate, though initially appointed as a Typist on 19-11-1960 and regularised on 12/2/1968 and was confirmed on 1/1/1969, claimed promotion in his own right as a general candidate. When he approached the tribunal on the first instance, a statement appears to have been made on behalf of the State that his case will be considered according to rules. On that basis the tribunal disposed of the case. Thereafter when the appellant was promoted without considering the case of the respondent, he filed CWJC No. 5756 of 1991 in the High court of Patna and by judgment dated 13/11/1