GAURI SHANKER PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Learned counsel appearing for the petitioner submits that the petitioner has moved to this Court for a prayer to direct the authority to promote this petitioner on the post of Joint Secretary w.e.f. 29.02.2008 as from that date, one person namely, B.K. Mishra junior to the petitioner had given promotion to the post of Joint Secretary and at the same time, provisional gradation list published in the year 2008 has also been sought to be quashed. But in view of the statement made in the counter affidavit filed on behalf of the respondent, the petitioner is not pressing the second prayer as statements have been made that the gradation list published in the year 2003 shall be operative and not the provisional gradation list, which has been sought to be quashed in this writ application. Learned counsel further submits that so far first prayer is concerned, admittedly the petitioner is senior to Mr. B.K. Mishra, who has been given promotion to the post of Joint Secretary w.e.f. 29.02.2008 leaving out the claim of the petitioner only for the reason which has been stated in para-15 of the counter affidavit that Mr. B.K. Mishra on being promoted to the post of Addl. Collector had taken over the charge earlier to this petitioner but that cannot be a ground for fixing seniority of a person, as in the seniority list of 2003, Mr. B.K. Mishra has been shown junior to the petitioner, which fact has even been admitted by the respondent in his counter affidavit.

(3.) Not only that the petitioner as well as Mr. B.K. Mishra have been promoted to the post of Addl. Collector on 31.03.2009 and in that view of the matter, taking over the charge earlier or later will not make any difference so far inter-se-seniority is concerned and thus, the petitioner is entitled to be promoted to the post of Joint Secretary w.e.f. 29.02.2008.