- (1.) This Letters Patent Appeal has been preferred against the judgment and order dated 17th November, 2016 delivered by the learned single Judge in W.P. (S) No. 1503 of 2007. whereby the petition preferred by this petitioner was dismissed and hence, original petitioner has preferred this Letters Patent Appeal.
(2.) The Claim of this appellant to get the time bound promotion (Assured Career Progression Scheme Benefit) with effect from 1980, i.e. from the date on which he was appointed as a typist on daily wage, is not accepted by the learned single Judge and hence, this appeal has been preferred.
(3.) Factual Matrix * Original petitioner was appointed as a daily wager Typist on 1st May, 1980. He was appointed on temporary basis for six months as Typist in the year 1985, which was extended from time-to-time. * The services of this appellant (original petitioner) was terminated vide order dated 31st December, 1996 because the appointment of this appellant was not in accordance with law. * Challenging the order dated 31st December, 1996, a writ petition was instituted by the appellant being C.W.J.C. No. 469 of 1997 (R) which was decided by the learned single Judge vide order dated 16th September, 1997 (Annexure 1 to the memo of this Letters Patent Appeal). Vide this order, order of termination dated 31st December, 1996 was quashed and there was a direction to the Government to regularise the services of this appellant. * Against this decision, Letters Patent Appeal was preferred by the State of Jharkhand being L.P.A. No. 546 of 1997 (R), which was withdrawn by the State of Jharkhand and the Letters Patent Appeal was disposed of as withdrawn vide Order dated 16th March, 2000 (Annexure 2) to the memo of this L.P.A.). * Thereafter, this appellant (original petitioner) was permitted to resume duties vide letter dated 28th June, 2000 (Annexure 3 to the memo of this L.P.A.). This joining was allowed with effect from 1st October, 1997. This letter has never been challenged by this appellant before any competent Court. This letter has attaiend its finality as this appellant has accpeted the said letter. * Thereafter, again this appellant has preferred a writ petition being W.P. (S) No. 1503 of 2007 for getting pay revision because it is alleged by this appellant that juniors to this appellant were getting higher salary. * Meanwhile, this appellant reached the age of superannuation on 30th April, 2012 and his pension has been fixed vide order dated 24th April, 2014 (Annexure 5 to the memo of this L.P.A.) on the basis of his initial joining on 29th April, 1985. * W.P.(S) No. 1503 of 2007 was finally decided by the learned single Jusge and the petition was dismissed, insofar as the claim for treating this appellant in continuous service since 1st May, 1980 and for other consequential benefits since 1st May, 1980 are concerned and hence, the original petitioner has preferred this Letters Patent Appeal.;