SUDHIR KUMAR, SON OF LATE INDRADEO SINGH, RESIDENT OF VILLAGE GONPURA, PO ALAMPUR GONPURA, PS FULWARI SHARIF, DISTRICT PATNA PRESENTLY RESIDING AT J.C. MALLIK ROAD, NEAR NEPAL KALI MANDIR, HIRAPUR, DHANBAD Vs. STATE OF JHARKHAND
LAWS(JHAR)-2017-2-59
HIGH COURT OF JHARKHAND
Decided on
February 28,2017
Sudhir Kumar, Son Of Late Indradeo Singh, Resident Of Village Gonpura, Po Alampur Gonpura, Ps Fulwari Sharif, District Patna Presently Residing At J.C. Mallik Road, Near Nepal Kali Mandir, Hirapur, Dhanbad
Appellant
VERSUS
STATE OF JHARKHAND
Respondents
JUDGEMENT
Chandrashekhar J. -
(1.) Supplementary affidavit dated 27.02.2017 is taken on record. Be tagged at its proper place.
(2.) The petitioner preferred writ petition being W.P.(S) No. 6085 of 2008 for a direction upon the respondents to grant promotion to him on a Class III post. He claimed that other similarly situated employees namely, Uday Shankar Sinha, Manzar Ali and Ram Gahan Singh were granted promotion on a Class III post. A copy of the said writ petition has been tendered in the Court by Mr. Sumeet Gadodia, the learned counsel for the petitioner. The writ petition stood disposed of on 29.06.2012 and in compliance thereof order dated 29.09.2012 has been passed. This order was impugned by the petitioner by filing I.A. No. 1968 of 2013 which has been allowed on 22.04.2013.
(3.) During the course of hearing, to the Court's query whether there is a statutory rule under which the petitioner can seek promotion from a Class IV to a Class III post, the learned State counsel submits that for promotion to a Class III post an employee has to pass the limited departmental examination. The learned counsel for the petitioner, however, is not aware of any such rule. In my opinion, in both the situations the petitioner is not entitled for promotion.;
(2.) The petitioner preferred writ petition being W.P.(S) No. 6085 of 2008 for a direction upon the respondents to grant promotion to him on a Class III post. He claimed that other similarly situated employees namely, Uday Shankar Sinha, Manzar Ali and Ram Gahan Singh were granted promotion on a Class III post. A copy of the said writ petition has been tendered in the Court by Mr. Sumeet Gadodia, the learned counsel for the petitioner. The writ petition stood disposed of on 29.06.2012 and in compliance thereof order dated 29.09.2012 has been passed. This order was impugned by the petitioner by filing I.A. No. 1968 of 2013 which has been allowed on 22.04.2013.
(3.) During the course of hearing, to the Court's query whether there is a statutory rule under which the petitioner can seek promotion from a Class IV to a Class III post, the learned State counsel submits that for promotion to a Class III post an employee has to pass the limited departmental examination. The learned counsel for the petitioner, however, is not aware of any such rule. In my opinion, in both the situations the petitioner is not entitled for promotion.;
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