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2012 Supreme(Pat) 1244

R.M.DOSHIT, AHSANUDDIN AMANULLAH
State of Bihar – Appellant
Versus
Kusheswar Nath Pandey – Respondent


Advocates appeared:
For the Appellants: Mr. Subhash Prasad Singh, G.A.-7, Mr. Dilip Kumar, A.C. to G.A.-7 Mr. Bajarangi Lal, A.C. to GA-7
For the Respondent No.1:Mr. Abhimanyu Sharma, Advocate, Mr. Bijay Prakash Singh, Advocate, Ms. Prakritita Sharma, Advocate

ORDER

Feeling aggrieved by the judgment and order dated 25th October 2010 passed by the learned single Judge in C.W.J.C. No. 4369 of 2010, the respondents-State of Bihar and its officials have preferred this Appeal under Clause 10 of the Letters Patent.

2. The respondent-writ petitioner joined the service as a Tracer (Blue Print) in 1979. By order dated 30th December 1981, he was promoted as Correspondence Clerk effective from 1st September 1981. By order dated 13th November 1998 made by the Chief Engineer, Patna, the respondent-writ petitioner was extended the benefit of time bound promotion in the pay-scale of Rs.1400-2300 effective from 1st September 1991 (on completion of ten years’ service as Correspondence Clerk). The said order was made subject to approval of the competent authority. The order further specified that in the event the said order was not approved by the competent authority within three months, the said order would stand automatically cancelled. Thereafter, the writ petitioner would not be entitled to the benefit of the time bound promotion. It is not in dispute that the said order of promotion was never approved by the competent authority; may be, it was not sent























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