SURESH THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties and with their consent, this application is disposed of at the stage of Admission.

(2.) The grievance of the petitioners in this writ application is that despite the fact that they possess the requisite eligibility for their promotion to the post of Panchayat Sewak, the concerned authorities of the Respondents have ignored them and on the contrary, in violation of the provisions of Rule-7 and Rule-8(3) of the notification issued under the Jharkhand Panchayat Recruitment Service Condition Rules, 2002 , they granted such promotions to the private Respondent Nos. 8, 9 and 10, despite the fact that they had already crossed the upper age limit on the date of consideration of their individual cases.

(3.) In the counter affidavit, it has been explained that the promotions to the Respondent Nos. 8, 9 and 10, have been given on the basis of their position in the gradation list and their seniority and also by allowing them the benefit of relaxation of upper age limit by 5 years, as per the Government's decision, declared in the corresponding Circular of 2004. It is explained that the petitioners' position in th gradation list being much below than that of the private respondents, their case did not come with the zone of consideration on the date when promotions were granted to the Respondent Nos. 8, 9 and 10.