TAPEN SEN, J. - (1.) AT the very outset Mr. Delip Jerath, learned counsel for the appellant stated that he is now confining his appeal only to the respondent No. 6 as the respondent No. 5 is admittedly senior to the appellant.
(2.) THIS appeal is directed against the order dated 17.09.2003 passed by an Hon ble Single Judge of this Court in W.P. (S) No. 4681 of 2003 disposing off the writ petition without dealing with the same on merits, According to the petitioner, he is presently posted as Superintending Engineer - Incharge, Drinking Water and Sanitation Circle, Dhanbad. He was previously posted as Technical Advisor to the Superintending Engineer, Gumla in the Public Health Engineering Department {PHED for short). This Department was subsequently renamed as Drinking Water and Sanitation Department.
(3.) THE appellant has attempted to make out a case of supersession by the respondent No. 6 namely Badri Das and has submitted, with reference to Annexure -1, that by a letter dated 18.07.2001, the Commissioner -cum -Secretary of the PHED sent a letter wherein he forwarded a list of Executive Engineers who were eligible for promotion to the post of Superintending Engineer and, according to the petitioner, and as is seen from the enclosure to Annexure -1, he was shown as the senior most Executive Engineer having being placed at serial No. 1 showing his seniority in the seniority list at No. 51. The respondent No. 6, on the other hand was shown at Serial No. 5 and in the seniority list his position was at Serial No. 63.;