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2010 Supreme(Jhk) 1063

D.N.PATEL
Kamal Kant Sahay – Appellant
Versus
State Of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Manoj Tandon

JUDGMENT :

D.N. Patel, J.

1. The present petition has been preferred mainly challenging the order, passed by respondent No. 4, dated 23rd November, 2007 (Annexure 5 to the memo of petition), whereby, the benefits given to the petitioners under Assured Career Progression, have been withdrawn.

2. Learned Counsel for the petitioners submitted that looking to the order at Annexure 5, it appears that for no justifiable reasons, the benefits given to the petitioners under the Assured Career Progression Scheme, with effect from 29th October, 2003, has been withdrawn, vide order dated 23rd November, 2007, without giving any notice and without giving any opportunity of being heard to the petitioners. Even otherwise also, no reasons for withdrawing the benefits under the Assured Career Progression Scheme have been given in the impugned orders and the reasons are to be presumed by the petitioners or by the respondents and looking to the counter affidavit, it appears that some reasons have been given that the petitioners have not cleared Accountancy Examination. It is also submitted by the learned Counsel for the petitioners that this is not an eligibility criteria, at all. No such circular, rule

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