RAMA KANT SAHAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant is aggrieved of the order dated 30.08.2017. By this order the writ petition seeking a declaration that the petitioner, who is appellant now, was entitled for promotion to the post of Judicial Commissioner's Sheristedar with effect from 01.08.2005 has been dismissed.

(2.) Two fold contentions have been raised by the learned counsel for the appellant; (i) grant of 2nd ACP, that is, the pay-scale of Rs. 5,500-9,000/- is not a substitute to the claim of the appellant for promotion to the post of Sheristedar, and (ii) the respondents cannot take shelter to their own latches in not conducting the Sheristedar's examination to decline promotion to the appellant.

(3.) The learned counsel for the appellant has relied on the decision in State of Maharashtra Vs. Jagannath Achyut Karandikar, 1989 Supp1 SCC 393, to fortify the above contentions.