PALLAB GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRAYER in this writ application is for issuance of an order quashing the Memo No. 873 dated 28.06.2008 (Annexure -8), issued by the Respondents, whereby the claim of the petitioners for their promotion on the post of Sub -Inspector of Excise, has been rejected.

(2.) THE impugned order has been challenged mainly on the ground that it is contrary to the judgment dated 13.02.2008, passed by this Court in the case of Tripurari Kumar and Another -versus -State of Jharkhand and Others, in W.P. (S) No. 6346 of 2007.

(3.) COUNTER affidavit has been filed on behalf of the Respondent -State, wherein, it has been sought to be explained that under the Rules for appointment to the post of Sub -Inspector by way of promotion, the upper age limit has been fixed at 35 years. The petitioners having crossed the upper age limit therefore do not possess the requisite criteria under the Rules and hence, are not entitled to be given promotion. The further stand taken by the Respondents is that the departmental examinations were held in the year 1998 and 2004 for appointment to the higher posts by promotion. All employees aspiring for promotions were required to pass the prescribed departmental examination but the petitioners failed to appear at the departmental examination. It was only after they had individually crossed the upper age limit of 35 years that the petitioners have later appeared and passed at the departmental examinations.