W.P. (S) No. 3238 of 2003. Case: Nalani Kumar Mandal Vs 1. State of Jharkhand Through Secretary, Excise Department, Jharkhand, Ranchi, 2. Deputy Commissioner, Dept. of Excise, Jharkhand, Ranchi, 3. Superintendent of Excise, Deoghar, 4. Commissioner-Cum-Secretary, Department of Excise, Bihar, Patna. Jharkhand High Court
| Case Number | W.P. (S) No. 3238 of 2003 |
| Counsel | Prakash Jha |
| Judges | Amareshwar Sahay, J. |
| Issue | Service Laws |
| Judgement Date | November 07, 2009 |
| Court | Jharkhand High Court |
Judgment:
Amareshwar Sahay, J.
This writ application was filed in the year 2003 and when it was listed for admission on 11/07/2003, it was directed to the State to file counter affidavit and the petitioner was also directed to file supplementary affidavit about the fact that he did attempt a number of times but failed to compete in the accounts examination.
It appears that the supplementary affidavit was already been filed by the petitioner on 28/07/2003 but the counter affidavit, as directed by this Court, has not been filed by the State as yet.
Today nobody appears on behalf of the State, therefore, the writ petition, which is pending for the last more than six years it is high time that it should be disposed of on its own merit on the basis of the averments made in the writ petition without waiting any further for the counter affidavit.
The prayer of the petitioner is for direction to the respondents to grant him the benefit of second time bound promotion w.e.f. 01/10/1990 on the basis of 4th pay revision commission's report as well as to pay his arrears of salary.
According to the case of the petitioner, he joined the service on 15/09/1965 as Office Assistant and his date of birth is 29/07/1943. On attaining the age of 58 years he retired from service on 31/07/2001 as Office Assistant in the office of Superintendent of Excise, Deoghar. Further, according to the petitioner, he was granted first time bound promotion w.e.f. 01/10/1981 after completion of more than 10 years of continuous service. It is stated that the petitioner became entitled to get the benefit of second time bound promotion on completion of 25 years of continuous service w.e.f. 01/10/1990.
The claim of the petitioner is that he also appeared in the departmental examinations held on 23/07/1978, 24/02/1980, 08/08/1982, 14/07/1985 and lastly on 29/10/1990 but unfortunately he could not pass in any of the said departmental examination. Further according to the petitioner, for grant of second time bound promotion his case was recommended by the Superintendent of Excise by issue of letter contained in Annexure-2/A dated 19/06/1996, wherein it is mentioned that though the petitioner was given the benefit of first time bound promotion but he has not been given the benefit of second time bound promotion till date since he has not passed the...
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