SURENDRA PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioner is aggrieved by the order dated 05.09.2006 (Annexure -14) passed by the respondent No. 2, whereby representation filed on his behalf for granting him promotion on Class -III post and other consequential benefits has been rejected.

(3.) INDISPUTABLY , the petitioner had moved earlier before this Court in C.W.J.C. No. 1662 of 2000 for identical reliefs, which was finally disposed of by an order dated 01.08.2006 (Annexure -12) by a Bench of this Court, whereby respondent No. 2 was directed to dispose of the representation of the petitioner by a speaking order. In compliance of the aforesaid order, the respondent No. 2 considered the entire matter and by a reasoned and speaking order dated 05.09.2006 (Annexure -14) has rejected the claim of the petitioner. The respondent No. 2 while passing the impugned order has recorded a finding of fact that the petitioner has never passed limited competitive examination for the purposes of granting him promotion on Class -III post against 50% quota reserved for Class -IV employees.