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Subhash Chandra Gorai vs The State of Jharkhand and Others

Jharkhand High Court · Decided on 20 December 2011 · Citation: (2011) 12 JH CK 0057

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, J
CASE NUMBER
Writ Petition (S) No. 6048 of 2005
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Judgment

5 paragraphs · 354 words

D.N. Patel

1.

Counsel for the petitioner submitted that suffice it will be for disposal of this writ petition, if a direction is given to respondent No. 2, to decide the claim of the petitioner to the effect that petitioner is entitled to get the notional promotion approximately with effect from the year 1994 which is the year in which the juniors to the petitioner have been promoted and therefore, let a direction be given to respondent No.2 that if the petitioner is found otherwise eligible for promotion in the year 1994 and if his juniors have been promoted in the year 1994, correct notional date of promotion should be given to the petitioner from that year. The petitioner is claiming notional date of promotion only so that for further promotion he can get the benefits. Petitioner is not claiming monetary benefits. The petitioner was given charge of Circle Inspector from time to time and all these details have been given in para.8 of the memo of writ petition and therefore legally payable amount for officiating charge as Circle Inspector may also be paid to the petitioner and this issue may also be decided by respondent No.2 in accordance with law.

2.

Counsel for the State has no objection if the claim of the petitioner is decided by the respondent No.2, in accordance with law, within the stipulated time, as given by this Court.

3.

In view of these submissions, I hereby, direct respondent no. 2 to decide the claims as stated herein above, in accordance with law, rules, regulations, policies and Government enforceable orders, applicable to the petitioner as expeditiously as possible and practicable, preferably within a period of twelve weeks, from the date of receipt of a copy of an order of this Court, after giving an adequate opportunity of being heard to the petitioner or to his representatives. If the decision is taken in favour of the petitioner, the monetary benefits of the decision will be extended to the petitioner within a further period of four weeks thereafter.

4.

In view of the above directions, this writ petition is disposed of.