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Yogendra Singh vs State of Bihar and Others

Patna High Court · Decided on 21 November 2003 · Citation: (2004) 1 BLJR 53 : (2004) 2 PLJR 135

HON’BLE JUDGES
Narayan Roy, J
RESULT
Dismissed
CASE NUMBER
CWJC No. 7900 of 2002
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Judgment

8 paragraphs · 345 words

Narayan Roy, J.—Heard counsel for the parties.

2.

In compliance of this Court''s order dated 5.11.2003, the relevant, records of this case have been produced before me for my perusal.

3.

The petitioner seeks direction upon the respondents to consider his case for grant of promotion to the post of Jamadar, Mounted Military Police, with effect from the date of vacancy occurring on 3.2.2002 on account of death of one Bharat Muni.

4.

It is submitted by learned counsel appearing on behalf of the petitioner that the case of the petitioner was recommended by the Central Selection Board on 28.8.1991 to consider his case for promotion, but till date the petitioner has not been promoted to the post of Jamadar, Mounted Military Police, though he is at serial No. 7 and the persons above him have already been promoted. It is also submitted that the authorities though had found respondent No. 5 not fit for promotion in the Board of 1991, he alone is being considered ignoring the case of the petitioner.

5.

A counter affidavit has been filed on behalf of the State stating therein inter alia, that the case of the petitioner is pending consideration for promotion along with the case of respondent No. 5 and the case of respondent No. 5 was not taken up for promotion in the Board of 1991, as he was facing departmental proceeding, but he ranked senior to the petitioner.

6.

From the record, it has been pointed that the case of the petitioner vis-a-vis respondent No. 5 has been considered for promotion by the selection board in its meeting and both of them have been recommended for promotion to the post of Sub-Inspector of Police. This Board decision is dated 24.9.2002, almost two months after filing of this writ application.

7.

Since the petitioner has been recommended for promotion to the post of Sub-Inspector of Police, which appears to be equivalent to Jamadar, Mounted Military Police, the grievance of the petitioner has been redressed.

8.

For the reasons aforementioned, therefore, this writ application is therefore, dismissed.