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IN THE HIGH COURT OF JUDICATURE AT PATNA
AJIT KUMAR
Uttam Kumar and Ors Late Sunil kumar – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Heard learned counsel for the petitioners and learned counsel appearing for Respondents-State in the both the writ petitions.
2. Vide order dated 08.02.2024 passed in CWJC No. 2163 of 2019, the instant case was directed to be listed along with CWJC No. 10483 of 2023, after service of notice and since both these cases have common subjects in issue, as such on completion of pleadings of the parties including the private respondents, these matters have been heard together and on conclusion of the arguments of all the parties, accordingly, both the writ petitions are being adjudicated in the following manner.
3. The relief sought for in CWJC No. 2163 of 2019 is as follows:-
“(i) For quashing the office order vide Memo No. 574 dated 26.6.2018 issued by The Regional Deputy Director of Education, Magadh Division, Gaya as contained in Annexure-13 by which direction has been issued to the District Education Officer, Gaya to prepare the Gradation List of Class IV employees and grant promotion to the eligible persons from Class IV to Class Ill indicating the seniority of the petitioners viz private respondents;
(ii) Also for issuance of a writ in the nature of declaration that the decis
The settlement of disputes related to teachers’ training and the finalization of the seniority list are crucial for determining entitlement to promotion under the relevant rules.
Promotion rights must adhere to seniority rules, with equitable treatment for similarly situated employees.
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
Promotions cannot be annulled without an adverse order from prior litigation, reaffirming principles of legal continuity and procedural fairness.
Promotions mandated by previous court rulings must be implemented without discrimination, ensuring rights are upheld as per governing laws.
The seniority for promotions in government services must be based on the order of appointment, not merely on merit lists, ensuring compliance with eligibility criteria.
Promotions must be made in accordance with the merit-cum-seniority list prepared as per Rule 3 of G.O.Ms.No.15 dated 26.01.2009, and ignoring seniority to promote juniors is a violation of the rule p....
Delay and laches in service matters bar claims for promotions and seniority; promotions must be challenged timely to contest consequential orders.
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