Uday Shankar Bakshi S/o Shri Niranjan Prasad Bakshi v. State of Jharkhand through the Chief Secretary
2018-09-14
ANIRUDDHA BOSE, D.N.PATEL
body2018
DigiLaw.ai
ORDER : 1. In this writ petition, the provision of Rule 8(II) of the Jharkhand State Collectorate Clerk Cadre (Appointment, Promotion and other Service Conditions) Rules, 2016 is under challenge. The main complaint of the petitioners is, in substance, with regard to position of the clerks in the seniority list which, according to them, ought to be on the basis of merit and not on the basis of date of entry into the cadre. The petitioners are working in that post in different collectorates. 2. Mr. Atanu Banerjee, learned Advocate appearing for the State, submits that the aforesaid Rule has been amended on 29th August, 2018. Under the amended provision, seniority is to be fixed on the basis of the merit of the individual members of the cadre based on the recommendation of the Commission. It is also submitted by Mr. Banerjee that this amended Rule has been given retrospective effect from the date of framing of 2016 Rule and according to him, this would redress the grievances of the writ petitioners. 3. This being the position, we do not think that the complaint or the grievance of the writ petitioners survives. 4. The writ petition is disposed of on the basis of the submission made by Mr. Banerjee, learned Advocate for the State. 5. In the event, any of the writ petitioners has any residual grievance upon recasting of the seniority list, they will be at liberty to approach the appropriate forum. 6. There shall be no order as to costs.