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2011 Supreme(Pat) 2284

KISHORE K.MANDAL
Bhajan Prasad – Appellant
Versus
National Institute of Technology, Patna – Respondent


Advocates:
For the Petitioners: Mr. Siya Ram Shahi.
For the Respondents: M/s Jaishankar Barnwal, Iqbal Ahmed, Rakesh Kumar Singh.

ORDER

Five petitioners herein were appointed on Class-IV posts by different orders passed by the authorities of the respondent Patna University and were serving as such in the erstwhile Bihar College of Engineering (for short “the BCE”).They have approached this Court seeking a direction upon the authorities of the respondent Patna University as well as National Institute of Technology, Patna (for short “the NIT”) to consider their cases for promotion from Class-IV to Class-III post on the ground that similarly situated employees of Patna University had been granted promotion to Class-III post(s). A further prayer has been made that the respondents be commanded to pay them salary of Class-III post on which they have been working since 2004-05. In course of argument, learned counsel for the petitioners has taken a stand that based on pleadings on record, their present employer namely NIT be directed to consider their cases for promotion from Class IV to Class III post in the NIT in the light of document placed at Annexure-11.

2. A brief statement of facts indispensable for disposal of the case may first be noticed. Petitioner Nos. 1, 2 and 4 claimed to have been appointed by order dat












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