RAJENDRA PRASD SINGH Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner has filed this writ application for quashing of the notification no.1473 dated 22.3.2005 as contained in Annexure 5 whereby only notional promotion from the post of Assistant Engineer to the post of Executive Engineer (Civil) has been given to the petitioner with effect from 16.10.2003 to 31.7.2004.

(2.) Learned counsel appearing for the petitioner submits that the respondents in stead of giving regular promotion to the petitioner has given notional promotion with effect from 16.10.2003 to the date of superannuation, i.e. 31.7.2004, though the petitioner for the said period discharged his duties of the Executive Engineer.

(3.) Having heard learned counsel appearing for the parties and on perusal of the record, I do find that after the petitioner superannuated on 31.7.2004, a notification with respect to promotion to the petitioner was issued on 22.3.2005 whereby notional promotion of the petitioner to the petitioner to the post of Executive Engineer from 16.10.2003 to 31.7.2004. That notification issued in the year 2005 has now been challenged after five years, though, in the meantime, the petitioner had moved before this Court, vide W.P.(S) No. 4090 of 2007 for directing the authorities to pay retiral dues to him only whereas this plea was also available to the petitioner at that time but the petitioner did not chose to challenge the order of promotion.