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2018 Supreme(Jhk) 831

ANIRUDDHA BOSE, D.N.PATEL
Uday Shankar Bakshi S/o Shri Niranjan Prasad Bakshi – Appellant
Versus
State of Jharkhand through the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioners: M/s. Deepak Bharti, Manindra Sinha.
For the Respondent: Mr. Atanu Banerjee.

ORDER :

1. In this writ petition, the provision of Rule 8(II) of the Jharkhand State Collectorate Clerk Cadre (Appointment, Promotion and other Service Conditions) Rules, 2016 is under challenge. The main complaint of the petitioners is, in substance, with regard to position of the clerks in the seniority list which, according to them, ought to be on the basis of merit and not on the basis of date of entry into the cadre. The petitioners are working in that post in different collectorates.

2. Mr. Atanu Banerjee, learned Advocate appearing for the State, submits that the aforesaid Rule has been amended on 29th August, 2018. Under the amended provision, seniority is to be fixed on the basis of the merit of the individual members of the cadre based on the recommendation of the Commission. It is also submitted by Mr. Banerjee that this amended Rule has been given retrospective effect from the date of framing of 2016 Rule and according to him, this would redress the grievances of the writ petitioners.

3. This being the position, we do not think that the complaint or the grievance of the writ petitioners survives.

4. The writ petition is disposed of on the basis of the submission made by Mr.



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