GAURI SHANKAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AGGRIEVED by the order dated 12.10.2012 in O.A. No. 7 of 2011(R) whereby the prayer of the petitioner for grant of promotion in the rank of Secretary from 01.01.2011 and difference of salary along with the penal interest has been declined, the original applicant/petitioner has approached this Court.

(2.) THE brief facts of the case are that, the petitioner who was initially appointed as Deputy Collector, vide notification dated 27.11.2008 was allotted the Indian Administrative Service Cadre. He was granted promotion in the Junior Administrative Cadre in the pay scale of Rs. 15,600 -39,100 vide notification dated 07.09.2010. Though duly eligible, the petitioner was not considered for promotion to the Selection Grade in the rank of Special Secretary and vide orders dated 09.09.2009 and 04.11.2009 some junior officers belonging to 1996 -97 batch were promoted in Selection Grade in the rank of Special Secretary, therefore, he approached the learned Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 45 of 2010 (R). In the proceeding before the learned Tribunal the respondents relied on letter dated 13.02.2008 of the Department of Personnel and Training and contended that for the officers from the 1995 batch, the Mid Career Training (MCT) was essential before promotion and since the applicant did not complete the said training, he was not eligible for promotion to Selection Grade. The learned Tribunal disposed of O.A. No. 45 of 2010 (R) with a direction to the respondents to consider the claim of the petitioner for exemption from MCT and consequent promotion to the Selection Grade vide order dated 23.11.2010.

(3.) RELYING on the notification dated 29.11.2011 whereby the petitioner was granted promotion in Selection Grade w.e.f. 13.05.2010, the petitioner approached the Tribunal in O.A. No. 7 of 2011 (R) for grant of Super Time Scale w.e.f. 01.01.2011 which, as noticed above, has been dismissed vide impugned order 12.10.2012.