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2006 Supreme(Pat) 979

AJAY KUMAR TRIPATHI, BARIN GHOSH
Koshi Project Workers Association – Appellant
Versus
State Of Bihar – Respondent


Judgment

Barin Ghosh, J.

1. LP.A. No. 710 of 2004 has been preferred against the judgment and order dated 8.4.2004 passed by the writ court in C.W.J.C. No. 1939 of 2003*. L.P.A. No. 836 of 1997 has been preferred against the judgment and order dated 8.5.1997 passed by the writ court in C.W.J.C. No. 2524 of 1996t.

2. The subject matter of challenge in C.W.J.C. No. 1939 of 2003 was the decision dated 26th June, 2002 by which the promotions of the petitioners in the said writ petition to the posts of Clerk/Assistant with effect from 1 st June 1973 were cancelled. It appears to have been admitted in the writ petition and in respect whereof no dispute has been raised before us that the writ petitioners in C.W.J.C. No. 1939 of 2003 were originally engaged as majdoors in the work-charge establishment on 24th April, 1968. Thereafter they were promoted to the post of Clerk/Assistant with effect from 1st June, 1973, which promotion/ appointment was regularised thereafter.

3. By the impugned order dated 26th June, 2002 the petitioners in C.W.J.C. No. 1939 of 2003 were reverted back to the original post of majdoor in the work-charge establishment holding out principally that promotion in work-c











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