PARMA PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) THE petitioner was promoted to the post of Sub Divisional Welfare Officer in the Pre -revised scale of Rs. 5500 -9000/ - after due inquiry and completion of qualifying years of service vide notification bearing No. 1822 dated 3rd August, 2010 issued by the Joint Secretary, Welfare Department, Government of Jharkhand under the orders of His Excellency, Governor of Jharkhand w.e.f. 30th October, 1996. Prior to that he was provisionally promoted vide Annexure -3 dated 16th January, 2009 to the same post. The order of substantive promotion itself indicated that the financial benefits of such promotion would be granted to the petitioner from the date of notification i.e. 3rd August, 2010. However, by the impugned notification dated 1st March, 2013, Annexure -8 issued by the Deputy Secretary, Welfare Department, the promotion granted to the petitioner earlier has been canceled. The said notification indicates that earlier provisional order of promotion dated 16th January, 2009 shall be operative. The petitioner has challenged the same on the ground that the impugned notification annulling the earlier notification of substantive promotion has been issued without any show cause or notice or any inquiry as contemplated under Article 311 of the Constitution of India and it amounts to reduction in rank.

(3.) LEARNED counsel for the petitioner in response has submitted that the notification at Annexure -5 itself indicated that financial benefits accruing on the basis of such promotion would be granted from the date of notification (Annexure -5). The petitioner is conscious that he would be entitled at least notional benefit of such promotion, though he may not be entitled to the monetary benefits thereafter as he had not been actually posted or serving on the said post from that date. However such notional promotion also from the retrospective date has been cancelled. The benefit of seniority in the cadre and subsequent promotion in the higher cadre that could have also accrued upon him by the notification of substantive promotion has therefore been annulled by the respondents without any reason indicated therein or even without show cause which is mandatory under the principle of natural justice.