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2014 Supreme(Jhk) 669

APARESH KUMAR SINGH
S. Naseemuddin – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. Saurabh Arun & D.K. Dubey
For the Respondents: Mrs. Nehala Sharmin, JC to Sr. SC II

Judgment

Heard learned counsel for the petitioner and the State.

The petitioner has come forward with two fold grievances ; (i) that his post retirement benefits should be revised as implemented under 6th Pay revision on 1st January, 2006 and be paid along with its arrear since his retirement from the post of Section Officer on 31st July, 2007 from the Forest and Environment Department, Government of Jharkhand and (ii) he has challenged the show cause notice dated 23.2.2010, Annexure 8 under which he was asked to reply as to why he be not reverted to the post of Assistant having not cleared the departmental examination, which was a prerequisite for getting time bound promotion, which had been granted to him on 11.8.1987, Annexure 1. The petitioner has enclosed an information obtained under RTI, Annexure 10, according to which he claims that the show cause was only a formal letter and the decision has already been taken.

In order to consider the controversy raised herein, the facts, which were not in dispute, are as follows:-

Petitioner's date of birth is 10th July, 1947. He was appointed on the post of Assistant on 1.7.1977. He was granted first time bound promotion w.e.f. 1.3.1987 vid
















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