LAWS(JHAR)-2009-5-172

AWADHESH KUMAR SINGH Vs. STATE OF JHARKHAND

Decided On May 22, 2009
AWADHESH KUMAR SINGH Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD Sri Dhananjay Kumar Dubey, learned counsel for the petitioner and J.C. to S.C.(L&C), counsel for the respondent State.

(2.) THE petitioner in this writ application has challenged the order dated 24.01.2008 vide Memo No. 457 (Annexure -15) whereby though the petitioner was promoted to the rank of Additional Collector in the pay scale of Rs. 12,000 - 16,500/ - with effect from due date i.e. from 24.12.2005, but has been denied the consequential monetary benefits which he should have got from the date of his promotion.

(3.) REFERRING and relying upon in this context the judgement of this Court in the case of Sudhanshu Bhushan Ram V/s. State of Jharkhand & Ors. passed in W.P.(S) No. 2996 of 2007 reported in 2008 (2) JLJR 46, learned counsel submits that an identical issue was raised in the aforementioned case wherein the Court, after considering the entire aspects and the explanations offered by the respondent State, had observed that since the respondents had found the petitioner entitled for promotion with effect from 01.11.2004, depriving the petitioner of consequential financial benefit of promotion is wholly arbitrary and unjust. Learned counsel adds that the same ratio would also apply to the facts of the petitioner's case.