VIJAY KUMAR CHOUDHARY Vs. STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND, RANCHI

JUDGEMENT

(1.) THE present writ petition has been preferred for getting promotion from the post of Constable to the post of Hawaldar and it is stated by the learned counsel for the petitioner that junior to the petitioner, have been promoted and the petitioner has been discriminated and therefore, the present petition has been preferred.

(2.) I have heard learned counsel for the respondents, who has submitted that initially, the petitioner was appointed on a temporary post in the Police Department. Thereafter, his character was verified and was not found satisfactory and hence, the department terminated the services of the petitioner on 14th May, 1987 and thereafter, he was also involved in the offence of murder. Later on, there was acquittal and a petition was preferred by the petitioner, wherein he was ordered to be reinstated and the Letters Patent Appeal, preferred by the State, wherein order passed by Single Bench was modified to the effect that for the period for which he remained away from services, he is not entitled for the salary. It is also submitted by the learned counsel for the respondents that counter affidavit has already been filed and' as per paragraph 10, it has been stated, on oath, that the department has not given the promotion to anyone from the batch of the writ petitioner and, therefore, the petitioner is not entitled for the promotion from the post of Constable to Hawaldar. No junior to the petitioner have been promoted from Constable to Hawaldar and, therefore, the claim of the petitioner, at present, is not tenable at law.

(3.) IN view of this submission and looking to the counter affidavit, especially, paragraph 10 thereof, there is no substance in this writ petition, as no junior to the petitioner has been promoted.