SHIV SHANKAR ROY AND SITARAM Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-2-96
HIGH COURT OF JHARKHAND
Decided on February 12,2008

Shiv Shankar Roy And Sitaram Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

R.K.MERATHIA, J. - (1.) ACCORDING to the petitioners, they have been given promotion from 10.10.2001, though they should have been given promotion w.e.f. 13.2.1999 when their batch -mates were promoted.
(2.) PETITIONERS filed writ petition being C.W.J.C. No. 3479 of 2000(R) for a direction to consider their case of promotion to the post of Assistant Commissioner, Commercial Taxes in view of recommendation made by D.P.C., in its meeting dated 21.12.1998. The writ petition was disposed of remitting the matter back to the Commissioner -cum -Secretary, Commercial Taxes Department to consider the case of the petitioners for their promotion to the high n post taking into consideration the recommendation of the D.P.C. and if it is required to revalidate the recommendation, the respondents were required to do so in accordance with law at an early date. Pursuant to the said order, the respondents have granted promotion to several persons including the petitioners to the said post w.e.f. 10.10.2001. Mr. R. Krishna, appearing for the petitioners, submitted that there were 60 posts of Assistant Commissioner, Commercial Taxes in the unified State of Bihar. On the basis of recommendation of D.P.C., 24 persons were promoted w.e.f. 13.2.1999 to the said post. But it is not known why petitioners were not promoted though there was recommendation of D.P.C. in their favour.
(3.) COUNSEL , for the State of Jharkhand, with reference to the counter affidavit filed on 4.7.2002, submitted that the proceedings of D.P.C. and service records of petitioners were lying with the State of Bihar and therefore, State of Bihar is competent to lock into the grievances of the petitioner.;


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