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2004 Supreme(Jhk) 12

AMARESHWAR SAHAY
Bhola Nath Pattanayak – Appellant
Versus
State Of Jharkhand – Respondent


ORDER

Amareshwar Sahay, J.

1. The petitioner who superannuated as Karamchari from Saraikella in February, 1987, has filed this application for quashing of the order dated 29.09.2001 as contained in Annexure-7 to the writ application, whereby the Deputy Commissioner, West Singhbhum, Chaibasa rejected the claim of the petitioner for calculating his pensionary benefits after giving him two time bound promotions as he did not get a single promotion during his service tenure.

2. From the order as contained in Annexure-7 passed by the Deputy Commissioner, West Singhbhum, Chaibasa, it appears that after noticing the fact that the petitioner superannuated on 28.02.1987 on completing 33 years, 9 months and 23 days of service, rejected the claim of the petitioner solely on the ground that the petitioner was not entitled to the time bound promotion because he had not passed the Hindi Noting and Drafting Examination which was a must for the time bound promotion.

3. In my view, the impugned order of the Deputy Commissioner, so far as it relates to rejection of time bound promotion on the ground of non-passing of Hindi Noting and Drafting Examination, if concerned is wrong in view of the direct deci


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