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2005 Supreme(Pat) 724

RADHA MOHAN PRASAD
Mithlesh Kumar Sinha – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In this writ petition, the petitioner is aggrieved on account of denial of promotion from the post of Head Clerk to the post of Head Assistant. According to his case, his juniors were granted notional promotion with effect from 1.1.2002, vide office order contained in Annexure 15 to the supplementary rejoinder filed on behalf of the petitioner. Learned counsel submitted that the names of the juniors of the petitioner, namely, Kailash Paswan and Chandreshwar Prasad, are placed at serial nos. 22 and 24 of the said office order (Annexure 15).

2. The name of the petitioner in Annexure A to the supplementary affidavit is placed at serial no. 44 and the last column against his name shows that his case was not considered as he had already superannuated before 6.10.2004 when the D.P.C. met for consideration.

3. However, in the supplementary counter affidavit filed on behalf of the respondents it is stated that the case of the petitioner was examined by the D.P.C. and in the meeting of the D.P.C. after due scrutiny it was found that he had not passed the Accounts Examination, which is mandatory for promotion. Secondly, it is contended that the petitioner was very junior and his n





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