The High Court dismissed this writ petition seeking promotion to Supervisor post after finding the petitioner ineligible due to having crossed the age limit for the applicable competitive examination held in 2017.
No relief as prayed for by the petitioner was granted; writ petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 391 of 2018
Usha Nayak aged about 52 years W/o Sri Sukh Sagar Nayak, R/o Village/Post-Karaundi (Nayak Tola) P.S. Gumla, Sadar, DistrictGumla … … Petitioner
… … Petitioner
Versus
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioner : Mr. Rajeev Kumar, Advocate For the Respondents : Mr. Divyam, A.C. to S.C. IV ---
6 /09.06.2022 Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs:-
“ For issuance of direction upon the respondents to consider the promotion of the petitioner to the post of Supervisor, form Anganbari Sewika, after allowing her to participate in the departmental exam, as it has not been conducted in South Chotanagpur Division whereas, it has been conducted in North Chhotanagpur Division the year 2009, and even after serving in the department, on the post of the Anganbari Sewika promotion has not been granted to her.
For the direction upon the respondent no. 2 to conduct exam for promotion at least once as a special case is South Chhotanagpur Division as the Exam for promotion has not been conducted in the year 2009 along with other North Chhotanagpur Divison when as per the experience & age, the petitioner was eligible to be considered as candidate to appear in the exam, if it would have been conducted in the year 2009 and will fetch an opportunity to avail an opportunity to earn promotion. “
3. Learned counsel for the respondents has submitted that a detailed counter affidavit has been filed in the present case which inter alia reflects that competitive examination for appointment/promotion to the post of Lady Supervisor from the post of Anganbari Sewika was conducted in the year 2017 and the petitioner could not apply as she had crossed the age limit. He submits that as the petitioner has crossed the age limit, the present case has become infructuous. He also
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submits that earlier also, exam was conducted in the year 2007, but the petitioner was not found eligible to the post of Lady Supervisor as she had not completed the minimum 10 years of service as Anganbari Sewika.
4. Considering the aforesaid submission of the learned counsel for the respondents based on counter affidavit filed in the present case, this court is of the considered view that for all practical purposes, the case has become infructuous as the petitioner has crossed the age bar and accordingly no relief as prayed for by the petitioner can be granted. Accordingly, this writ petition is dismissed.
5. Pending I.A., if any, is closed.
(Anubha Rawat Choudhary, J.)
Binit
1 issue framed by the court
Whether the petitioner's claims for promotion to Lady Supervisor are maintainable when she has crossed the mandatory age limit for competitive examinations.
Usha Nayak
The State of Jharkhand
The Secretary, Social Welfare Department
The Commissioner, South Chhotanagpur
The Deputy Commissioner, District Ranchi
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
