Disposed

Arvind Kumar Sinha v. the State of Jharkhand through the Chief Secretary

Jharkhand HC15 May 2023WPC/1665/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking promotion to Additional Chief Controller of Accounts, directing the Principal Secretary to consider a fresh representation and decide it via a reasoned order within six weeks if filed.

What did the court decide?

Petitioner directed to file fresh representation; Respondent No. 2 to consider and decide via reasoned order within six weeks.

Arvind Kumar Sinha Vs the State of… — Pension and Retirement Benefits | Jharkhand HC (2023)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P. (S) No. 1665 of 2023

¶3

Arvind Kumar Sinha …......... Petitioner

¶4

Vrs.

¶5

The State of Jharkhand through the Chief Secretary, Ranchi.

¶6

The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi.

¶7

The Chief Controller of Accounts, Department of Finance, Government of Jharkhand, Ranchi.

¶8

The Under Secretary, Department of Finance, Government of Jharkhand, Ranchi. .......... Respondents

¶9

CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY

¶10

For the Petitioner : Mr. Chandan Tiwari, Advocate For the Respondents : Mr. Devesh Krishna, S.C. Mines-III

¶11

¶12

03/15.05.2023 Heard Mr. Chandan Tiwari, learned counsel for the petitioner and Mr. Devesh Krishna, learned S.C. Mines-III.

¶13

In this writ application the petitioner has prayed for a direction upon the respondents to consider the case of the petitioner for promotion to the post of Additional Chief Controller of Accounts from the date the same fell due in the pay scale of Rs.15,600-39,100/- with grade pay of Rs.7,600/- as the petitioner claims that he is the senior most Controller of Accounts and fulfills all the necessary criteria for being appointed to the said post.

¶14

The factual aspects reveal that the petitioner was posted as Senior Audit Officer-II on 03.10.1988 and during his service tenure he was promoted from time to time and at present he is holding the post of Controller of Accounts to which he was promoted vide memo no.140 dated 08.03.2019. It is a case of the petitioner that the next hierarchical promotion is the post of Additional Chief Controller of Accounts for which various requirements have to be fulfilled including completion of Kalawadhi as well as clearing all the departmental examinations which according to the petitioner he fulfils and therefore there is no impediment for the respondents to consider the case of the petitioner for promotion to the post of Additional Chief Controller of Accounts.

¶15

In view of the averments made in the instant writ application and the fact that the claim of the petitioner has to be first considered by the respondent authorities, this writ application stands disposed of with liberty to

¶16

-2-

¶17

the petitioner to file a fresh representation before the respondent no.2 indicating his claim in details within a period of three weeks from today and if such representation is preferred, the respondent no.2 shall consider the same and dispose it of by a speaking and reasoned order within a period of six weeks from the date of submission of the representation. It goes without saying that if the claim of the petitioner is found to be genuine, necessary steps shall be taken by the respondent no.2 expeditiously.

¶18

Shamim/

Arvind Kumar Sinha v. the State of Jharkhand through the Chief Secretary

Case brief

What is this about?

What did the court decide?

Arvind Kumar Sinha v. the State of Jharkhand through the Chief Secretary

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

Man Mohan Varma Vs State of Jharkhand through the Secretary Department of Registration Revenue and Land Reforms

Kirtan Rai Vs the State of Jharkhand

Mohan Singh Yadav Vs the State of Jharkhand through Its Principal Secretary Home Deptt

Harendra Kumar Singh Vs the State of Jharkhand through the Chief Secretary Government of Jharkhand

Bikram Mandal Vs State of Jharkhand through the Principal Secretary Road Construction Deptt

Anand Kumar Soren Vs the State of Jharkhand