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2014 Supreme(Jhk) 981

APARESH KUMAR SINGH
Baban Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Manoj Tandon
For the Respondents: Ms. Nehala Sharmin, J.C to Sr. S.C.II

ORDER :

Heard counsel for the petitioner and the State.

2. The petitioner's grievance in the present writ application is in relation to claim of salary on the promoted post under the State Education Service Class II w.e.f. 15.11.2000 upon grant of such promotion by the notification dated 1.7.2009 issued by the respondents just before his retirement on 31.7.2009. Consequential revision in post retirement benefits have also been claimed in the prayer portion at 1(b), (c), (d) etc.

3. The ground upon which the said claim is made by the petitioner is that after having come into the cadre of Subordinate Education Service, Primary Branch on 12.8.1988, on promotion, he was actually posted on different post under Bihar Education Service Class II since 30.6.1998 onwards till his retirement. Therefore the respondents were not justified in denying him the claim of salary for the promoted post atleast from 15.11.2000 i.e. the date of creation of successor State of Jharkhand under the provision of Rule 58 of the Jharkhand Service Code since he had actually worked on the said post all along. Reference has been given of the different post held by him i.e. Area Education Officer, Angarha from 30.6.1









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