RAMJI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter alia prayed for quashing memo dated 01.11.2012 whereby promotion granted to the petitioner on the post of Section Officer vide notification dated 30.07.2010 has been cancelled and further prayer has been made for direction upon the respondents to consider and promote the petitioner on the post of Section Officer with effective due date, from which persons junior to the petitioner have been promoted vide notification dated 01.11.2012.

(2.) The facts, which are necessary for adjudicating the matter, as delineated in writ application, in brief is that the petitioner was appointed as Assistant under Secretariat Services on 06.10.1990. By passage of time, in the year 2008 the State of Jharkhand published the provisional gradation list vide memo dated 23.10.2008, wherein the name of the petitioner figured at serial no. 178 and considering the seniority and unblemished service career, the Departmental Promotion Committee found the petitioner eligible for promotion on the post of Section Officer and accordingly he was promoted on the post of Section Officer vide memo dated 30.07.2010.

(3.) In the meanwhile, upon directions passed by Hon'ble Supreme Court in Civil Appeal No. 594/2007, the seniority position of the Cadre of the Assistants as contained in Gradation List dated 210.2008 was revised by another Gradation list as contained in memo dated 11.10.2010, wherein the name of the petitioner finds figure at serial no. 590 instead of 178. Pursuant thereto, the respondents-authorities issued notification dated 01.11.2012 whereby promotion granted to the petitioner on the post of Section Officer vide memo dated 3o.07.2010 was cancelled, which is impugned in this case.