Remanded

Vinod Kumar And Ors. v. State of Jharkhand And Ors.

Jharkhand HC1 Jul 2019WPC/6188/2010

Case brief

AI extract

What is this about?

Writ petition challenging a Gradation List by quashing illegal promotions. Court remitted the matter to the Registrar of Co-operative Societies, Jharkhand, to reconsider claims after obtaining the Government of Bihar's decision.

What did the court decide?

Writ petition remitted to Registrar, Co-operative Societies, Jharkhand, to take a decision within eight weeks after receipt of Government of Bihar's decision.

Vinod Kumar And Ors. Vs State of Jharkhand And Ors. — Service and Employment | Jharkhand HC (2019)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P(S) No. 6188 of 2010

¶3

1.Vinod Kumar .

¶4

2.Shanti Mangaa Ekka

¶5

3.Smt Milni Kandulna

¶6

4.Felix Kerketta

¶7

5.Sanjay Kumar

¶8

6.Amil Bara

¶9

7.Lakhan Ravidas

¶10

Petitioners

¶11

Versus

¶12

The State of Jharkhand and Ors..

¶13

Respondents

¶14

---------

¶15

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶16

For the Petitioner : MrSamavesh BhangAdv.

¶17

For the State :- Mrs. Sweta Rani A.C to G.A III For the State of Bihar: Mr. Pankaaaj Kumar Adv

¶18

3/Dated: 1.07.2019

¶19

The petitioner has preferred this writ petition for quashing the Gradation List published and circulated by the letter dated 27.10.2010 issued by the Registrar C-operative Societies, Jharkhand Ranchi

¶20

The learned counsel for the petitioner submits that the petitioner no.1 to 3 were appointed on the post of Senior Audit Officer, Co-operative Societies in the Co-operative Department on 19.8.1988.The petitioner no.4 was appointed on the post of Senior Audit Officer on 20.8.1988.The petitioner no.5 was appointed on the post of Senior Audit Officer on 20.8.1988 The petitioners 6 and 7 were appointed on the post of Senior Audit Officer on 20.8.1988 and they belonged to reserved category. They were promoted on the post of Junior Selection Grade w.e.f 19/20.8.1993. The name of the petitioners appears on serial Nos. 52,54,55,6,56,8 and 53 respectively. It is stated that there are five cadres/posts of Audit Officers are as would be evident from the relevant portion of Cooperative Audit Manual Volume 1 and as per their hierarchy they are :-

¶21

I. Joint Registrar(Audit) Co-operative Societies. II Deputy Chief Auditor, Co-operative Societies;

¶22

III District Audit Officer,Co-operative Societies

¶23

IV Sub Divisional Audit Officer, Co-operative Societies;

¶24

V. Senior Audit Officer, Co-operative Societies.

¶25

On the other hand, the learned counsel for the respondents

¶26

-2-

¶27

submits that petitioners were promoted to the post of SubDivisional Audit Officers w.e.f 19/20.8.1993 by order dated 15.2.1995 and they have examined and after examination of the claim's of the petitioners , it is found that their promotions on the post of Sub-Divisional Audit Officers by the Government of Bihar is illegal because they have not passed by the departmental examination which is necessary for their promotion on the post of Sub-Divisional Audit Officers.The learned counsel appearing for the respondents submits that the matter has been referred to the Government of Bihar by letter dated 26.4.2011.After decision of the Stat of Bihar, the claim of the petitioners will be considered.

¶28

This matter relates to the year 2010.In view of the statement made in para 12 of the counter affidavit filed by the respondent nos 2 and 3, the matter is remitted back to the respondent no.3, the Registrar,Co-operative Societies who will take decision in view of the statement made in paragraph 12 of the counter affidavit within eight weeks from the date of receipt/production of a copy of this order.

¶29

With the above observation this writ petition stands disposed

¶30

of.

¶31

(Sanjay Kumar Dwivedi, J.)

¶32

Vinod Kumar And Ors. v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Vinod Kumar And Ors. v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Masih Das Tirkey and Ors. Vs Water Resources Department

Rajesh Kumar Vishwakarma Vs Ms Bharat Coking Coal Ltd. through Its Chairman Cum Managing Director and Ors.

Jyotsna Das Vs Union of India And Ors.

Gayatri Tiwary Vs Steel Authority of India Limit

Mandareshwar Singh Vs Chairman, Damodar Valley Corpo

Satrughan Prasad Singh And Ors. Vs State of Jharkhand And Ors.