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2010 DIGILAW 194 (JHR)

Shiv Kumar Choudhary v. State of Jharkhand

2010-02-02

D.G.R.PATNAIK

body2010
JUDGMENT The grievance of the petitioner in this writ application is that though he has been working as Dalpati ever since the date of his appointment in 1988, but till date, he has not been promoted to the post of Panchayat Sewak, whereas a large number of other similarly situated employees, have been granted such promotions. The petitioner's case appears to have been considered by the concerned authorities of the respondents at the meeting of the Selection Committee on 01.09.2006 and, as it appears from the Annexure to the supplementary affidavit of the petitioner, a decision has been taken for promotion of the petitioner to the post of panchayak Sewak and the Selection Committee has forwarded its recommendation in the aforesaid context, for approval to the Director, Panchayati Raj, Jharkhand, Ranchi, by its letter dated 05.09.2006. It appears that despite such recommendation being made, the final decision of the Director has not been taken as yet. Counsel for the petitioner informs, by reference to another Circular issued by the State Government in the Panchayati Raj Department, that the State Government has now decided to grant relaxation of upper age limit, for the purpose of promotion of Dalpati to the post of Panchayat Sewak, up to 55 years and as such, the only ground on which the petitioner's promotion was earlier withheld, does not exist any more and the respondents ought to have taken an appropriate decision with all promptness. If these are the undisputed facts, there is no reason why the Director should sit upon the matters for years together instead of taking decision on the recommendation of the Selection Committee in all fairness and with all promptness. Considering the above facts and circumstances, this writ application is disposed of with a direction to the Director, Panchayati Raj, to take an appropriate decision on the petitioner's prayer for promotion to the post of Panchayat Sewak, in the light of the recommendation made by the Selection Committee and also in the light of the State Government Circular for granting relaxation of the upper age limit and effectively communicate such decision to the petitioner. The decision as directed above, shall be taken by the Director, Panchayati Raj, within three months from the date of receipt/production of a copy of this order. Let a copy of this order be given to the counsel for the Respondent-State.