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Jharkhand High Court · body

2009 DIGILAW 1615 (JHR)

Shyamlal Mandai v. The State of Jharkhand

2009-12-18

AMARESHWAR SAHAY

body2009
Order 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. By filing a rejoinder, the petitioner 811eges that by issue of Annexure-11 dated 14.6.2003, the persons, namely, Narayan Thakur and Kartikanand Thakur, who were also correspondence clerk have been promoted to the post of Head Clerk, whereas the case of the petitioner has not been considered. 4. 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. 5. On consideration of facts stated above, no case is made out for any interference by this Court so far as granting promotion to the petitioner on the post of Head Clerk. 6. So far as the consequential monetary benefit consequent to the senior selection grade already granted to the petitioner is concerned, as it appears that the said benefit has not been given to the petitioner as yet and hence, the respondents are directed to 'give the said benefit to the petitioner within a period of three months from the date of receipt/production of a copy of this order. If the petitioner has not paid his retiral dues, then the same also must be paid to him as early as possible preferably within the aforesaid period of three months. 7. With the aforesaid observations and directions this writ petition is disposed of.