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Jharkhand High Court · body

2019 DIGILAW 1160 (JHR)

Gopal Prasad Sinha v. State of Jharkhand

2019-06-18

SANJAY KUMAR DWIVEDI

body2019
JUDGMENT : 1. Heard Mr. Mrinal Kanti Roy learned counsel for the petitioner and B.B.Sinha, learned counsel for the Respondents. 2. The petitioner has preferred this writ petition for directing them grant the benefit of second and third Modified Assured career Progression in view of the circular of Department of Finance, State of Jharkhand. 3. The learned counsel for the petitioner submits that the petitioner joined his services as an Assistant in Ranchi Collectorate on 21.10.1976 and served their till 14.2.1991 and thereafter from 15.2.1991 to 30.11 2009 i.e till his date of superannuation he served in the Department of Co-operation as a co-operative Officer. It is stated that the petitioner joined the Department of Co-operative n the basis of his selection by the Bihar State sub-ornate Services Selection Board. It is further stated that as per the advertisement published by the Bihar State Sub-Subordinate Services Selection Board any government servant who was serving in the scale of 850-1360 was eligible for selection by the Bihar State Sub-ordinate Service Selection Board It is stated that the examination for selection was conducted by the Bihar State Sub-ordinate Services Selection Board and vide memo No. 9711 dated 13.9.1990 the petitioner was communicated that Board had recommended his name for appointment on the post of Co-operative Extension Officer in the Scale of 1600-2780.It is stated that the petitioner was appointed on the post of Co-operative Extension Officer and was asked to join in the office of South Chhota Nagpur Division, Ranchi. It is further stated that right from 1976 till 30.11.2009 the petitioner served the State for a period of 33 years,1 month and 11 days without a single promotion. 4. The learned counsel for the State submitted that the petitioner was appointed as LDC on 21.10. 1976 in the Collectorate of Ranchi and he rendered his service as the same till 14.2.1991. Thereafter, the -petitioner joined as co-operative Extension Officer on 15.2.1991 on the ground of the recommendation made by the Bihar Subordinate Services Selection Board in the First graduate level examination. Hence the appointment date of the petitioner in the present service is 15.2.1991 and the petitioner is working on a new post. 5. This court finds that the petitioner applied for a new post pursuant to the advertisement issued by Bihar Subordinate Services Selection Board and pursuant to that he has been selected as Co-operative Extension Officer. Hence the appointment date of the petitioner in the present service is 15.2.1991 and the petitioner is working on a new post. 5. This court finds that the petitioner applied for a new post pursuant to the advertisement issued by Bihar Subordinate Services Selection Board and pursuant to that he has been selected as Co-operative Extension Officer. This is a new post and service rendered by the petitioner as Assistant in the Collectorate cannot be taken into account, as it is not by way of absorption or deputation by the Ranchi Collectorate in the State Co-operative Department, even the service record of the petitioner as Assistant has not been sought by the new appointee. 6. Having heard the learned counsel for the parties and after going through the records, this court finds that no case is made out to interfere with the writ petition. Accordingly, this writ petition is dismissed.