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2021 DIGILAW 257 (JHR)

Dilip Kumar Sinha v. State of Jharkhand

2021-02-26

DEEPAK ROSHAN

body2021
JUDGMENT : Heard Ms. Ritu Kumar, learned counsel for the petitioner and Mr. Ashok Yadav, learned counsel for the respondent State through V.C. 2. The instant interlocutory application has been preferred by the petitioner for modification of the order dated 29.01.2021; wherein at paragraph No.2, inadvertently, the prayer of one other similar case has been typed. Paragraph no. 2 of the order dated 29.01.2021 reads as under : “2. The grievance of the petitioner is that though his case has been recommended for promotion by the Board of Director General of Police, Govt. of Jharkhand on the post of Deputy Superintendent of Police (Dy.S.P.) in consonance with the procedure laid down in the Police Manual but an order dated 24.12.2000 (Annexure-2) has been issued by the Respondent No.4 whereby it has been informed to all concerned about the decision taken by the State Government for not granting any promotion in the services of the State Government till further decision taken by the State Government in this regard and due to the said order, the promotion of the petitioner could not be notified and the petitioner is going to retire on 31.01.2021.” 3. Ms. Ritu Kumar, learned counsel for the petitioner submits that in paragraph no.2 of the order dated 29.01.2021; due to inadvertence and typographical error; the prayer of one other similar case has been typed, as such, same may be modified as per paragraph No.1 of the writ application. She further submits that by aforesaid modification, nature of the case as well as nature of the order will not change. As such, paragraph No.2 of the order dated 29.01.2021 be replaced with paragraph No.1 of the instant writ application. 4. Mr. Ashok Kr. Yadav, learned counsel for the State does not have any objection. 5. Having regards to the fact of the case; paragraph No.2 of the order dated 29th January, 2021 in W.P.(S) No.134 of 2021 be reads as follows: “That in the instant writ application the petitioner prays for issuance of an appropriate writ/Rule/Direction particularly a writ in the nature of Certiorari for quashing the letter contained in Memo No.6752 dated 24.12.2020 (Annexure-12) issued under the signature of the Principle Secretary, Personnel, Administrative Reforms and Rajbhasa Department, Jharkhand, Ranchi by which all promotions in all the Departments of the State Government has been stayed with immediate effect till further order. And for a further direction to the respondents particularly the respondent no.3, the Secretary, Industry Department, Government of Jharkhand, Ranchi to immediately and forthwith hold the meeting of the Departmental Promotion Committee which was already fixed for 28.12.2020 but could not be held due to the issuance of the letter contained in Memo No.6752 dated 24.12.2020 (Annexure-12) and consider the case of the petitioner along with others for their promotion to the post of Functional Manager (Pay scale Rs.15,600-39,100 Grade Pay Rs.6600) taking into consideration that the petitioner is due to superannuate with effect from 31.1.2021. And for any other relief or reliefs to which the petitioner may be found entitled to. 6. With the aforesaid modification in paragraph No.2 of the order dated 29.01.2021; the instant interlocutory application is allowed and I.A. No.950 of 2021 stands disposed of.