NIRMAL SHASHI TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant writ application has been preferred by the petitioner for the following reliefs:-

(3.) The brief facts of the case as per the pleadings are that the Petitioner is a direct recruit Sub Inspector of 1984 Batch. In 1997, when similarly situated persons were being considered for promotion to the post of Inspector, the case of the Petitioner was not considered owing to the missing service records. Aggrieved by this, the Petitioner pursued the matter before the concerned authorities and when no action was taken, the Petitioner filed writ application being W.P.(S) No. 1404 of 2009 where this Court vide order dtd. 18/4/2009 disposed of the case directing the Respondents to consider the Petitioner's case for promotion with effect from the year 1997. Consequently, the Police Headquarters vide Memo No.2589 dtd. 18/9/2009 revised the seniority position and the Petitioner was given notional promotion to the post of Inspector w.e.f. 21/4/1998. Further, the office of the Director General of Police, Jharkhand requested the Home Department, vide letter no. 424 dtd. 17/5/2010, to re-determine the seniority position of the Petitioner to the post of Dy. S.P. w.e.f. 16/6/2008. Thereafter, a Seniority List was prepared for the cadre of Dy. S.P. where the Petitioner's date of promotion is wrongly shown as 2/9/2009 instead of 16/6/2008 because of the fact that he lost his two years seniority during consideration for promotion to the post of Inspector. On 1/1/2016, a Final Seniority List for the officers of the State Police Service was published; however, the Petitioner's position was still not corrected against which the Petitioner raised objection; however, no action has been taken. Hence, this writ application.