- (1.) Even though the rule under consideration was made ready as regards service and has been directed to be placed on the general list for hearing, nobody appeared for the respondents.
(2.) Before we deal with the application on which the rule under consideration was issued, we think some relevant facts will have to be stated and we must also keep it on record that on the prayers of Md. Badruddoja Mullick, advocate, we allowed him to retire from the case and allowed the applicant, Syed Mohammed Mirhajul Islam, to appear in person.
(3.) The applicant, who at the material time of moving this court, whereon C.O. No. 2851(W) of 1985, was directed to be issued, claimed to be the holder of a Civil Post (Judicial) under the Union of India and it was his case, that he was a member of the Indian "Revenue Service and was appointed directly as Income-tax Officer, Group "A", in July, 1951, and, in fact, he joined the post at Calcutta on July 24, 1951. It has been stated by him that on the basis of the results in the All India Civil Services and Central Civil Services Examinations held in the year 1950, he was placed in serial No. 19, out of the other successful candidates and his allegation was that, without considering the seniority list duly and without considering the satisfactory services rendered by him, the authorities concerned promoted other members of the service, who were junior to him, as a result whereof he suffered financial loss and irreparable damage. He has given the other particulars of his services as rendered by him which, according to him, were satisfactory.;