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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
| Table of Content |
|---|
| 1. joint hearing of connected writ petitions. (Para 1 , 2) |
| 2. quashing promotion orders violating court directions. (Para 3 , 4) |
| 3. post-2013: intermediate plus computer knowledge required. (Para 5) |
| 4. court-mandated promotions based on verified 2017 merit list. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 5. appellate recognition of private respondents' computer qualifications. (Para 12 , 13 , 14) |
| 6. cancellation during stay breaches natural justice. (Para 15 , 16 , 28 , 29 , 30 , 31) |
| 7. 15% quota promotions follow seniority-cum-eligibility. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 8. provisional lists require objection adjudication before finality. (Para 32 , 33 , 34) |
| 9. set aside orders for fresh verification and process. (Para 35) |
| 10. writs disposed with directions; contempt refrained. (Para 36 , 37 , 39 , 40) |
| 11. stay violations prima facie constitute court contempt. (Para 38) |
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 n
Retrospective cancellation of promotions without natural justice, during judicial stays, based on un-finalized provisional seniority lists is invalid; requires objection hearing, qualification verifi....
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.
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