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2022 Supreme(Pat) 629

P. B. BAJANTHRI, PURNENDU SINGH
State of Bihar – Appellant
Versus
Upendra Prasad Sharma – Respondent


Advocates:
For the Appellants : Mr. Vinay Kumar Pandey (in both).
For the Respondents: M/s P.K. Shahi, Sr. Adv., Maruth Nath Roy (in both).

P. B. Bajanthri, J.—Pursuant to earlier order dated 02.11.2022 Mr. Sanjay Kumar Agarwal, The Principal Secretary, Water Resources Department, State of Bihar, Patna is present in the Court.

2. In the instant appeal, appellants has assailed the order of the learned Single Judge dated 30.01.2012 passed in CWJC No. 10443 of 2011.

3. The appellants in their writ petition they have prayed for the following relief:—

“That the instant Memo of Appeal is directed against the Order of this Hon'ble Court passed in CWJC No.- 10443 of 2011 (Upendra Sharma & Ors vs. The State of Bihar & others) by Hon'ble Justice Mr. Navin Sinha vide order dated 30.01.2012, by which the Hon'ble Court has been pleased to hold that the impugned order dated 06/06/2011 passed by the Principal Secretary, Water Resources Department, Government of Bihar, Patna by which the Respondents no.-6&7 of the writ application as direct recruits were declared senior to the writ petitioners who were the promotees from the post of Junior Engineer to that of Assistant Engineers, is not sustainable and accordingly set aside, thereby allowing the writ petition.”

4. Writ petition was filed by the respondent and it was allowed in their favou

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