MANOJ KUMAR BIRUA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dtd. 3/7/2019 passed by learned Single Judge of this Court in W.P.(S) No.1834 of 2018 whereby and whereunder the decision as has been taken by the respondents, as contained in Memo No. 1172 dtd. 12/12/2017, rejecting the claim of the writ petitioner for promotion from Class-IV post to Class-III post, has been refused to be interfered with while dismissing the writ petition.

(2.) Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-

(3.) Mr. Manoj Tandon, learned counsel appearing for the writ petitioner/appellant, has submitted that the consideration for promotion is a fundamental right, therefore, the case of the writ petitioner ought to have been considered but having not done so, the writ petitioner has been deprived from the fundamental right of being considered for promotion from Class-IV post to Class-III post, but this aspect of the matter has not been appreciated by the learned Single Judge in right perspective, therefore, the order impugned requires interference. It has further been submitted that the similarly situated employees, posted in the same district where the writ petitioner is posted, has already been granted promotion and, as such, there is no reason to deny the said benefit and this aspect has also not been properly appreciated by the learned Single Judge.