MANOJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. Saurav Arun, learned counsel for the petitioners and learned J.C. to S.C. (L&C) for the Respondent -State.

(2.) PETITIONERS in this writ application have prayed for a direction to the respondents to consider the case of the petitioners for their promotions to the post of the Sub -Inspector of Excise after giving them the benefit of relaxation in the upper age limit in the light of the judgment passed by this Court in W.P. (S) No. 6346 of 2007 and on the basis of the ratio laid down by this Court in W.P. (S) No. 2628 of 2005.

(3.) THE grievance of the petitioners is that consequent upon the reorganization of the State of Bihar and on the creation of the State of Jharkhand, since after the year 2000, no departmental examination was ever conducted for appointment to the post of Sub -Inspectors by way of promotion and it was only after about seven years from the date of creation of the State, that an effort was initiated to fill up the vacancies through promotion in the year 2007. On account of such inaction and the delay caused in conducting the departmental examination on the part of the Respondents -authorities, the petitioners who were eligible by virtue of their age for their appointment by way of promotion to the higher post, were denied the benefit thereof and when now the action has been initiated for filling up the posts, the petitioners have been denied the benefit of promotion on the ground that they are not eligible on account of their having crossed the upper age limit.