STATE OF JHARKHAND AND ORS. Vs. AKSHAYAR OJHA

JUDGEMENT

(1.) THE aforesaid Letters Patent Appeal has been filed questioning the legality and propriety of the judgment/order dated 8 -1 -2013 passed in W.P. (S) No. 3566 of 2003 wherein the learned single Judge has been pleased to allow the writ petition filed by the writ petitioner -respondent herein (hereinafter referred to as the 'writ petitioner'). The facts, as delineated and described in the writ application, in a nutshell, are that:

(2.) IN the aforesaid backdrop, the writ petitioner filed the writ petition, being W.P. (S) No. 3566 of 2003, praying therein for quashing the order as contained in memo No. 195 dated 5 -3 -2003 under the signature of appellant No. 4 as also the order as contained in memo No. 548 dated 18 -6 -2003 issued under the signature of appellant No. 3, whereby temporary promotion given to the writ petitioner in the year 1987 has been withdrawn and direction has been issued for recovery of excess payment; and also for declaration that temporary promotion given to the writ petitioner vide Office Order No. 82 dated 15 -7 -1987 and continued till date by subsequent orders of extension has become regular due to long continuance in the said post for about 17 years, which was allowed by order/judgment dated 8 -1 -2013 by the learned single Judge in W.P. (S) No. 3566 of 2003.

(3.) HEARD learned counsel appearing for the appellants -State and perused the record.