Senior Administrative Officer in Forest Department sought promotion to unsanctioned Chief Administrative Officer post. Petition dismissed as post not created by State Government.
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WPSS No.1800 of 2014
Hon’ble Sudhanshu Dhulia, J.
Mr. B.D. Pandey, Advocate present for the petitioner.
Mr. Vikas Pandey, Brief Holder has accepted notices on behalf of all the respondents.
Petitioner is a Senior Administrative Officer in Forest Department. He seeks promotion to the post of Chief Administrative Officer. This post admittedly has not been sanctioned as yet in the Forest department.
The contention of the petitioner is that the proposal of the creation of such post is pending with the State Government since 2013.
On the last occasion, instructions were called from learned State counsel who apprised this Court that no post of Chief Administrative Officer has been sanctioned by the State Government.
In view of above, as there is no post of Chief Administrative Officer in the department, therefore, petitioner cannot be promoted on the post of Chief Administrative Officer.
Consequently, no relief can be granted to the petitioner. Therefore, the writ petition is dismissed.
( Sudhanshu Dhulia, J. ) 14.11.2014
JKJ
3 issues framed by the court
Whether promotion to a post not yet sanctioned by the State Government can be granted.
Whether instructions from Senior Administrative Officer status to Chief Administrative Officer should be allowed.
Whether the writ petition for promotion should be allowed or dismissed.
Petitioner
Respondents
Sudhanshu Dhulia
As recorded by the court registry
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