TELESPHORE BAGE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ petition is for quashing the decision of Departmental Promotion Committee meeting of which was held on 30.09.2014 thereby his case for promotion to the post of Inspector of Police to the post of Deputy Superintendent of Police, has been amended with by treating the petitioner promoted as inspector from the date when he has passed the PTC exam.

(2.) The petitioner at the outset has submitted by placing the order passed by a coordinate Bench of this Court in W.P.(S) No. 5747 of 2017 which has been filed by the petitioner seeking for a direction for quashing of District Order No. 866/2017 dated 02.05.2017 whereby the seniority of the petitioner to the post of Inspector has been re-fixed from 27.02.2003 to 28.01.2014, this court as expressed in the aforesaid order with respect to the issue which is involved in this writ petition. Mr Abhay Prakash, learned A.C to A.G has submitted that the writ petition may be dismissed on the ground that this Court while disposing of W.P.S No. 5747 of 2017 has observed therein that there is no illegality committed by the State Authority in shifting the date of promotion of the petitioner from 27-02-2003 to 28.01.2004.

(3.) This court after hearing the learned counsel for the parties and taking into consider, the prayer made in the writ petition and after going across the order passed by this court in W.P.S No. 5747 of 2017,has found that the similar issue has been raised by the petitioner in the aforesaid writ petition wherein this Court has given specific finding that since the petitioner did not clear the P.T.C exam which is mandatory requirement for promotion to the post of Inspector of Police and when he had clear the same that is in the year 2014 as such shifting of date from 27.03.2003 to 28.01.2014 cannot be said to be illegal, the aforesaid part of the order is being quoted herein below.