SURESHWAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this Letter Patent Appeal under Clause 10 of the Letters Patent of the Patna High Court Rules, the challenge is against the judgment of the learned Single Judge, dated 1.9.2005 passed in CWJC No. 120 of 2005, whereby the writ petition filed by the appellant -original writ petitioner, seeking mandamus commanding the respondents to promote him to the post of Assistant Sub Inspector of Excise, with effect from the date his junior was promoted to the post, came to be rejected. Hence this appeal.

(2.) LET there be skeletal projection of the facts. The original writ petitioner, appellant herein, belonging to the Scheduled Caste, was initially, appointed as Constable in the Excise Department. In the year 1994, his junior, Dudh Nath Prasad, along with others was promoted as Assistant Sub Inspector on 30.6.1994 without consideration of the case of the appellant -original writ petitioner.

(3.) UPON consideration of the facts and circumstances and the relevant proposition of recruitment rules, the learned Single Judge found that since the original petitioner, appellant herein, had passed the matriculation examination in the year 1995, therefore, there was no question of consideration of his case for promotion on the post of Assistant Sub -Inspector of Excise in the year 1994, when the said Dudh Nath Prasad was given promotion. The learned Single Judge has further found that as the original writ petitioner, had crossed the age of 50 years, at the time of consideration in the year 2004, again he was not entitled to be promoted as Assistant Sub Inspector of Excise and he has failed to make out a case that his junior Vijay Kumar had also crossed the age barrier at the time of promotion and as such, there was discrimination in the case of the petitioner -appellant.