DR. SUBHASH CHANDRA NAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Alleged denial of promotion on the post of Director in Chief, Health Services compelled the petitioner to approach this Court in W.P.S. No. 2432 of 2007. In compliance of order dated 19.06.2007 of this Court the Secretary, Department of Health Medical Education and Family Welfare has passed the impugned order dated 23.07.2007 declining promotion to the petitioner. Aggrieved thereof, the petitioner has approached this Court.

(2.) Heard.

(3.) The learned counsel for the petitioner has raised twofold contentions; (i) the petitioner was senior-most officer in Jharkhand in his cadre however, ignoring notification dated 02.03.2005, the respondent no. 5 has been treated senior to the petitioner, (ii) the petitioner after he submitted his application for allocation of Jharkhand cadre remained an officer under the Government of Jharkhand and while so, the dispute in respect of promotion in the rank of Director in Chief, Health Services must be decided on the basis of seniority of the petitioner in Jharkhand.