TAPAS KUMAR PAUL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) KUDGMENT Petitioner in this writ application has prayed for quashing the order dated 20.09.2007 vide Memo No. 1256 issued under the signatures of Respondent No. 2 (Annexure -6) whereby the petitioners representation has been rejected. A further prayer has been made to issue a direction to the Respondents to consider the petitioners case for his appointment on the post of Sub -Inspector of Excise by promotion after giving relaxation in age in terms of the ratio laid down by this Court in the case of Subodh Kumar Jha V/s. State of Jharkhand and others as also in terms of the ratio decided by a Division Bench of this Court in the case of Jharkhand Justice Forum Vs. State of Jharkhand (2003) 4 JLJR 793.

(2.) PETITIONER was initially appointed as Excise Clerk in the year 1991 under the Respondent State. For the purpose of promotion to the higher post of Sub -Inspector of Excise, a Rule has been framed under which 75% vacancies was to be filled up by direct recruitment and 25% by promotion. The upper age limit was fixed up to 25 years for appointment by direct recruitment and 35 years for appointment by promotion. Subsequently the upper age limit for the direct recruitment was enhanced up to 35 years in the General Category and for those in the category of SC and ST up to 40 years.

(3.) IT appears from the perusal of the aforesaid order dated 13.02.2008 passed in W.P.(S) No. 6346 of 2007 that pursuant to the orders passed by the Division Bench of the Patna High Court, the petitioners therein namely Tripurari Kumar and Mahesh Kumar Das were also denied promotion on the ground of their having crossed the upper age limit of 35 years.