RAJ KUMAR SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-5-43
HIGH COURT OF JHARKHAND
Decided on May 19,2009

RAJ KUMAR SINGH Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

AJIT KUMAR SINHA, J. - (1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction on the respondents to consider the case of the petitioner for promotion to the rank of Inspector of Police with effect from the date, the persons junior to him have been considered in the meeting dated 12.8.2006 and promoted by order issued vide memo No. 1662 dated 27.9.2006, treating the petitioner's date of promotion as Sub -Inspector of Police with effect from 30.10.1981 in view of seniority fixed by the respondents vide memo No. 6698 dated 13.9.1997, in compliance of the order passed by the Hon'ble Court which has been affirmed by the Hon'ble Supreme Court, with all consequential benefits such as seniority, arrears of salary etc.
(2.) THE main contention raised by the counsel for the petitioner is that he was promoted as Sub -Inspector of Police w.e.f. 30.10.1981 and thus he was entitled to be considered for promotion to the rank of Inspector of Police in view of the fact that all Sub -Inspector of Police of general category up to 1984 batch were considered by the D.G. Board for promotion to the post of Inspector disregarding the claim of the petitioner. The petitioner has also referred to order No. 2790/97 issued by D.I.G. wherein it has been specifically held / recorded that in compliance to the order passed by the Hon'ble High Court their seniority will be computed based on the date on which they were appointed as Sub -Inspector. The name of the petitioner figures at Sl. No. 129 and in column - 2 it has been mentioned that his date of promotion to the post of Sub -Inspector was 30.10.81.
(3.) THE counsel for the petitioner further submitted that in the order passed on 8.5.06 by the Hon'ble Division Bench in a batch of matters to which the petitioner was also a party a direction was issued to the respondent to compute the seniority of the petitioners in the rank of Sub -Inspector from the date of their initial officiation as Sub -Inspector and even the S.L.P. (Civil) No. 7286 -7292/97 7286 -7292/97 along with other connected matters preferred against it was dismissed and thus the order dated 08.05.06 attained finality and was binding qua the parties and several others similarly situated S.I. have already benefited by the said judgment.;


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