Petitioners filed a writ petition seeking directions for promotion. Counsel for petitioners sought to withdraw the petition, and the respondent raised no objection. The High Court dismissed the writ petition as withdrawn.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 1261 of 2012
CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioners : Ms. Rinki Kumari, Advocate For the Respondents : Mr. Arun Kumar Dubey, Advocate
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04 /29.11.2022
1. Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs: -
“(i) For issuance of an appropriate writ(s)/order(s)/or direction(s) particularly a writ in the nature of Mandamus commanding upon the respondents to consider the case of petitioners for promotion to the next higher post in junior selection grade (Marketing Officer) thereafter senior selection grade, Additional District Supply Officer, District Supply Officer as admittedly since the date of appointment petitioners have not been given regular promotion through they are requesting for considering their cases for promotion but all in vain.
(ii) For issuance of a appropriate writ(s)/order(s) and/or direction(s) particularly a writ in the nature of mandamus commanding upon the respondents to consider the claim of petitioners for promotion to the next higher post from the post of Supply Inspector in terms of Rule framed vide Notification dated 15th December, 1993 vide G.S.R. No. 6057 framed under the proviso of Article 309 of Constitution of India for regulating the recruitment and service condition of Supply Inspector cadre specially Rule 14 which deals with the promotion of Supply Officers to the next higher post.
(iii) For issuance of a appropriate writ(s)/order(s) and/or direction(s) particularly a writ in the nature of mandamus commanding upon the respondents to abide the rule framed in the year 1993 as the Bihar Re-Organization Act clearly stipulates that until and unless the newly created State framed their own rules and regulation, the rule and regulations framed by erstwhile State of Bihar will be followed and the respondent cannot go against the provision of Bihar Re-Organization Act, 2000.
(iv) For issuance of a appropriate writ(s)/order(s) and/or direction(s) particularly a writ in the nature of mandamus commanding upon the respondents to consider the case of promotion of petitioners to the next higher post as several posts are lying vacant after cadre bifurcation.
(v) For issuance of a appropriate writ(s)/order(s) and/or direction(s) particularly a writ in the nature of mandamus commanding upon the respondents to consider the legitimate claim of the petitioners who are working as Supply Inspector the post to which they have been initially appointed since last approximately 27 years and they have not been given single regular promotion in terms of the Rule, hence they cannot deny the promotion on one or other pretext against the provision of Bihar Re-Organization Act (vi) Petitioner further prays for any other relief/reliefs, as Your Lordships may deem fit and proper in the facts and
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circumstances of this case for doing conscionable justice to the petitioner.”
3. Learned counsel for the petitioners Ms. Rinki Kumari under instructions of Mr. Saurav Arun, Advocate on record, seeks permission to withdraw this writ petition.
4. Learned counsel for the respondents has no objection to the prayer made for withdrawal of this writ petition.
5. Accordingly, this writ petition is dismissed as withdrawn.
6. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.)
Mukul
2 provisions across 2 enactments
Shivendra Mohan Kumar and others
The State of Jharkhand
The Secretary, Food and Civil Supply Department, Govt. of Jharkhand
The State of Bihar
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
