DHAN SINGH LOHRA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-11-84
HIGH COURT OF JHARKHAND
Decided on November 28,2008

Dhan Singh Lohra Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction in the nature of mandamus commanding upon the respondents to grant/provide Junior Selection Grade and Senior Selection Grade with effect from the date on which the other Juniors have been promoted to the said scales vide letter No. 457 and letter No. 458 dated 24.2.2003 (as contained in Annexures -4 and 5 to this petition) and also with retrospective effect as the other Juniors have been provided the said promotion.
(2.) THE counsel for the petitioners submits that juniors have been promoted even though petitioners have passed the required Accounts examination which is the only criteria to the promotion. He further submits that the petitioners were seniors to other candidates who were promoted. The counsel for the respondents submits that specific pleadings have been made at paragraphs -10 and 12 of their counter affidavit indicating the fact that the petitioner nos. 1 to 4 have passed Account examination on 8.11.1998, 12.7.1997 and 13.7.1997 and 12.7.1997 respectively whereas the Selection Grade Promotion was abolished on 1.1 .1996 itself and therefore, they are not entitled to promotion. He further submits and draws my attention to paragraph -12 of the counter affidavit indicating such candidates who have passed the Accounts examination prior to date of abolishing Selection Grade Promotion i.e. 1.1.1996.
(3.) THE counsel for the petitioners further submits that there may be case where even those persons who have passed Accounts examination subsequent to date of abolishing Selection Grade Promotion have been considered and promoted.;


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