D.N.Patel,J. - (1.) The applicant had preferred the writ petition being W.P. (S) No. 2631 of 2005 which was disposed of by an order dated 18th July, 2014 in which it has been canvassed by the counsel for the applicant that this applicant was appointed as 'Sanganak' and he was consistently in search of promotion. Much has been argued by the counsel for the applicant in the writ petition that the so-called Rules framed by the respondents-State, viz., Jharkhand State Clerk/Clerk-cum-Typist/Typist and other Clerical Service Cadre (Appointment, Promotion & other Service Conditions), Rules, 2010, are not applicable to this applicant and some new Rules have been drafted by the respondents-State opening an avenue of promotion.
(2.) At length the counsel for the applicant has re-agitated this point, but, looking to the order passed by learned Single Judge in W.P. (S) No. 2631 of 2005 vide order dated 18th July, 2014, it has been observed that the State has to decide afresh the matter of this applicant and the applicant should be considered for promotion.
(3.) After the aforesaid order is passed by learned Single Judge, now, the respondents have taken a decision by a detailed speaking order dated 18th February, 2016 which is annexed as Annexure A to the supplementary counter affidavit filed by the Opposite Parties in which it has been observed that as per the aforesaid Rules, the applicant is not entitled to the promotion. Whenever any promotion is not granted to any employee, they are always given Assured Career Progression Scheme benefit which is always in lieu of actual promotion.;