BHOLA PRASAD SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-3-130
HIGH COURT OF JHARKHAND
Decided on March 18,2009

Bhola Prasad Singh Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

AJIT KUMAR SINHA - (1.) TO issue appropriate writ in the nature of certiorari for quashing the order issued by the respondent No.3, Deputy Inspector General of Police (Personnel), Jharkhand, Ranchi, vide his Memo No. 1501 dated 30.8.2007, whereby and whereunder, the petitioners' date of promotion as Sub -Inspector of Police have been shown/shifted illegally from the date of their initial date of promotion i.e. 21.3.1983, 21.3.1983, 1.12.1981,4.12.1981 and 30.11.1981 respectively, to 20.8.1994, 20.8.1994, 20.8.1994, 20.8.1994 and 28.12.1989 respectively, and, accordingly, their placement in the seniority list has been fixed without issuing any promotion order from the said dates, (a) To quash the seniority list issued vide Memo No. 2102 dated 5.5.2006, so far relates to the petitioners, whereby and whereunder, date of promotion of the petitioners as Sub -Inspector of Police have been illegally shifted from the date of their initial appointment to 20.8.1994, 20.8.1994, 20.8.1994, 20.8.1994 and 28.12.1989 respectively, without issuing any promotion, which amounts to illegal and without any legal basis, (b) To issue appropriate writ, order of direction on the respondents to consider the case of the petitioners for promotion to the rank of Inspector of Police with all consequential benefits with effect from the date, the persons junior to them have been considered by the meeting dated 12.8.2006 and found fit for promotion to the post of Inspector of Police, treating the petitioners' date of promotion as Sub -Inspector of Police with effect from 21.3.1983, 21.3.1983, 1.12.1981, 4.12.1981 and 30.11.1981 respectively, in view of the Range Board conducted by the respondents on 28.7.2006 with respect to petitioner Nos. 1 to 3.
(2.) ALL the writ petitions are being disposed of by this common order since the facts and issues in question are same. The main contention raised by the petitioners is that the date of promotion on the post of Sub -Inspector of Police has been wrongly shifted from the date of their initial date of promotion i.e. from 21.3.1983,21.3.1983,1.12.1981,4.12.1981 and 30.11.1981 respectively, to 20.8.1994, 20.8.1994, 20.8.1994, 20.8.1994 and 28.12.1989 respectively.
(3.) IT appears that earlier also a writ petition vide W.P.(S) No. 5461 of 2006 was preferred by these petitioners and this Hon'ble Court vide order dated 5.2.2007 had directed the respondents to dispose of the detailed representation filed by the petitioners. Pursuant to which, order was passed on the representation by Deputy Inspector General (Personnel), Ranchi vide impugned order dated 30.8.2007 which has been challenged in the present writ petitions. Petitioners also referred to and re~ lied upon similar order and judgment passed by this Court in W.P.(S) No. 6893 of 2004 dated 6.9.2006. However, the issue for consideration is very short and limited as in the impugned order it is nowhere denied that they were initially promoted from the date as claimed by the petitioners. Shifting the actual date of promotion was made on the ground that they were regularly promoted on regular basis on 20.8.1994, 20.8.1994, 20.8.1994, 20.8.1994 and 28.12.1989 respectively.;


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