STATE OF JHARKHAND Vs. PARMESHWAR MUNDA

JUDGEMENT

(1.) By filing this Letters Patent Appeal, the appellants-respondents, the State of Jharkhand through the Chief Secretary and others, have assailed the correctness of the order dtd. 19/10/2020 passed by learned Single Judge in W.P.(S) No.458 of 2020, whereby the petitioner-respondent's writ petition was allowed and a direction was given to give promotion to the petitioner- respondent from the date his juniors were promoted with all consequential benefits.

(2.) It is not disputed at this stage that the petitioner-respondent's case for promotion was not considered because the ACRs were not sent before the Departmental Promotion Committee. That is the fault of the department, petitioner was not at fault, thus, the order passed by learned Single Judge has correctly been passed.

(3.) Learned counsel for the State-appellants submits that the petitioner-respondent is not entitled to consequential benefits like salary for the period from the date of notional promotion and is entitled from the actual date of appointment, in view of Rule 58(a) of Jharkhand Service Code, 2001, which reads as follows: -