SHYAMLAL MANDAI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner, who has now retired from service after attaining the age of superannuation during pendency of this writ petition on 30.6.2009, has a grievance that though as per the order of the High Court passed on 26.8.1999 in C.W.J.C. No. 3011 of 1997 contained in Annexure -5, he was given promotion to the Senior Selection Grade with effect from 15.2.1993 till 31.12.1995 by issue of letter dated 11.3.2000, but still the consequential monetary benefit has not been extended to him. His further grievance is that he represented the matter for promotion to the Post of Head Clerk on 12.7.2000, but the Superintending Engineer, PHED, Dumka, wrote back to the Executive Engineer vide Annexure -10 that since no post of Head Clerk was -vacant and as such, action would be taken in accordance with law as and when the post would be available. .

(3.) IN paragraphs -15 and 26 of the counter affidavit, it has been stated by the respondents that Kartikanand Thakur, Phul Jha and Narayan Thakur, who were seniors to the petitioner and are still in service and as such they were given promotion to the post of Head Clerk.