LAWS(JHAR)-2008-10-8

ALAKH NIRANJAN SINHA Vs. STATE OF JHARKHAND

Decided On October 15, 2008
ALAKH NIRANJAN SINHA Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THE petitioner while was working on the post of Assistant sub-Inspector, promoted to the post of Steno Sub-Inspector, vide order as contained in memo no. 6765 dated 23. 12. 1998 (Annexure 1) and the promotion was made effective from the date of issuance of the order but the monetary benefits were to be given from the date of joining but that order subsequently was modified, vide order as contained in memo no. 1892 dated 10. 11. 2001 (Annexure 3) whereby promotion was given with effect from the date of vacancy and in the case of the petitioner, the vacancy has been shown with effect from 1. 10. 1996 and in that event, the petitioner is entitled to monetary benefit with effect from 1. 10. 1996 but the petitioner was not given monetary benefit till today though the petitioner has now been allocated cadre of Bihar but the petitioner is certainly entitled to monetary benefit till the date when the petitioner was relieved for giving joining in the State of Bihar.

(2.) HOWEVER, learned counsel appearing for the State submits that no final decision in this regard has been taken by the Director general-cum-Inspector General of Police, State of Jharkhand, ranchi, respondent no. 2.

(3.) IN view of the facts and circumstances, this writ application is disposed of with a direction to the petitioner to file a fresh representation before the respondent no. 2 with a copy of this order within a fortnight and the respondent no. 2 will be taking decision in the matter within two months from the date of receipt of such representation and if any order is passed, that must be communicated to the petitioner at the earliest. With this direction/observation, this writ application is disposed of.