RAMESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the aforesaid writ petitions have been preferred by the same petition; first petition has been filed for the nonpayment of salary to the present petitioner against the promoted post upon which he has worked from 2001 onwards and second petition has been preferred because during pendency of the first petition as this Court directed the respondents to file an affidavit in the first matter, they have given reversion to the present petitioner to the original post and the promotion, which was granted on January 1, 2001 has been withdrawn, unilaterally, arbitrarily and without giving any opportunity of being heard, much less, by following any procedure worth the name, on September 22, 2006 and, therefore, both these actions of non -payment of salary as well as withdrawal of promotion after lapse of approximately five years and nine months from granting the promotion, is under challenge.

(2.) HAVING heard learned counsels for both the sides and looking to the facts and circumstances of the case:

(3.) SO far as payment of salary is concerned, it is an admitted position of fact that the petitioner was given charge of the post of Accounts Clerk for the period of six months prior to his actual promotion and, thereafter, the learned counsel appearing for the respondents in W.P.(S) No. 1143 of 2006 admits in the counter affidavit that the petitioner is entitled for additional salary of having worked as Incharge of the post of Accounts Clerk for six months.