SURJEET MUKHERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This letters patent appeal has been filed against the judgment and order dated 21st March, 2014 passed by the learned Single Judge in W.P. (S) No. 4603 of 2012, which was filed by these appellants.

(2.) Counsel for the appellants submitted that these appellants are the original petitioners who have challenged the action of the respondent State denying promotion to these appellants from the post of Assistant to the post of Section Officer in July, 2010. It is submitted by the counsel for the appellants that some of the Assistants were promoted in July, 2010, whereas these appellants, who were also Assistants at par with those promoted in the month of July, 2010, though recommended by the Departmental Promotion Committee, were left to be promoted to the post of Section Officer much later, i.e. in the month of November, 2012, though there were enough vacancies/posts of Section Officer to accommodate all these appellants in July, 2010 itself. As a result of this segregation, i.e. giving promotion to one group of Assistants in the month of July, 2010 and the other (present appellant were among them) in the month of November, 2012 on the post of Section Officer, further progress of the present appellants in their service career were affected and therefore, a prayer is made before this Court through this Letters Patent Appeal for notional promotion to the present appellants from July, 2010 so that they may become at par with other similarly situated persons, who have been granted promotion in July, 2010. The present appeal is confined only to this argument and nothing more. This has been clarified by counsel for the appellant because they were aggrieved only by that part of the impugned order which is related to the aforesaid prayer for grant of promotion notionally from July, 2010.

(3.) Counsel of the appellant relies upon following decisions rendered by the Hon'ble Supreme Court in the following two cases: