Uma Nath Singh vs The Bihar State Electricity Board and Others

In this matter on certain facts there are no issues that in the second chance the Appellant Uma Nath Singh did not qualify in the departmental examination/grade test. Between the contesting Respondent and the Appellant both were taking departmental examination in the year 1987, the result of which were announced in the year 1989. The contesting Respondent was successful in the examination. The Appellant failed.

Between the two chances which had been given by the circular to the Board dated 28th February, 1980 the Appellant had exhausted his chance in the departmental examination and in the circumstances was out done by the contesting Respondent who passed. Thus, in the promotional post the contesting Respondent will take a place higher than the Appellant. The Appellant passed the examination subsequently in the year 1990. The Appellant may take promotion as a result of the examination in the year 1990 if posts are available but the Court is afraid that he will lose his seniority to the contesting Respondent. Even in the case which has been cited before this Court in the case of Saroj Rani and Another Vs. State of Punjab and Others, it has been made very clear that the chances which are given to incumbent to pass the departmental examination forms one core group. This case does not aid the Appellant. The Appellant failed in the two chances he was given.

In the circumstances, the Court does not find any error in the order of the learned Single Judge dated 13th September, 1995 on the writ petition.

Dismissed.