STATE OF JHARKHAND Vs. SATYENDRA KUMAR DUBEY

JUDGEMENT

(1.) THE appellants seeking for the quashing of the notification contained in Memo No. 5407 Fin. dated 3.9.2002 issued by the Deputy Secretary.

(2.) HAVING aggrieved by the said order, the State has filed this appeal. Mr. P. Modi, learned Counsel for the State, strenuously submitted that the learned Single Judge has failed to consider the various aspects of the matter regarding classification of cadre dealt with by the Fitment Appellate Committee as well as the Appellate Committee and has come to the incorrect conclusion that the classification is unreasonable. He has also cited three decisions of the Supreme Court reported in (1989) ILLJ 309a SC State of U.P. and Ors. v. J.P. Chaurasia and Ors. [2002] SUPP 1 SCR 118 State of Haryana and Anr. v. Haryana Civil Secretariat Personal Staff Association and (2004) IILLJ 1114 SC M.P. Rural Agriculture Extension Officers Association v. State of M.P. and Anr.

(3.) ON the other hand, learned Counsel for the respondent cited two decisions of the Supreme Court reported in [1987] 3 SCR 714 Bhagwan Dass and Ors. v. State of Haryana and Ors. and AIR 1992 SC 713 Sandeep Kumar and Ors. v. State of U.P. and Ors. and submitted that since the reasons for classification are not acceptable, the conclusion arrived at by the learned Single Judge is perfectly Justified.