5756 of 1991 in the High Court of Patna and by judgment dated 13 11 1992 the Division Bench set aside the appointment of the appellant and directed to companysider the case of Mukh Ram Dubey, companytesting respondent, for appointment as Senior Selection Grade Head Typist with the following directions Annexure 10 is hereby quashed with a further direction to the respondents to companysider the case of eligible candidates for promotion to the post of Senior Selection Grade Head Typist within a period of four months from today.
The appellant was initially appointed as a Typist on 7 11 1974, and was regularised on 13 12 1976 and having become eligible for promotion as a Junior Section Grade Head Typist, he was promoted with effect from 7 11 1981.
Calling that direction in question this appeal by special leave has been filed, The Government in the companynter affidavit in this Court in para 3 stated that the vacancy was reserved for Scheduled Castes.
When he approached the Tribunal on the first instance, a statement appears to have been made on behalf of the State that his case will be companysidered according to rules.
Thereafter when the appellant was promoted without companysidering the case of the respondent, he filed CWJC No.
Leave granted.
Heard companynsel for the parties.
On that basis the Tribunal disposed of the case.
