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2022 Supreme(Jhk) 104

ANUBHA RAWAT CHOUDHARY
Shatrughana Pathak, S/o. Late Chakradhari Pathak – Appellant
Versus
State of Jharkhand, through the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasa Department, Government of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Gaurav Abhishek.
For the Respondents: Mrs. Vandana Singh.

JUDGMENT :

Through Video Conferencing

1. Heard Mr. Gaurav Abhishek, learned counsel appearing on behalf of the petitioner.

2. Heard Mrs. Vandana Singh, learned counsel appearing on behalf of the respondents.

3. This writ petition has been filed challenging the order as contained in memo No. 4939 dated 16.08.2010 issued by the respondent No. 2 whereby the claim of the petitioner for promotion has been rejected on the ground that the petitioner has already superannuated from service w.e.f. 31.07.2009 while promotion has been granted in favour of others prior to 03.08.2009. A further prayer has been made to forthwith release the arrears of difference of salary consequent upon grant of promotion to the petitioner and also to fix the pension of the petitioner by giving the entire arrears of pensionary benefit w.e.f. 31.07.2009.

Arguments of the petitioner

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner had earlier moved this court in W.P. (S) No. 2131 of 2010 which was disposed of vide order dated 22.07.2010 as contained in Annexure-1 to the present petition and by the said writ petition it was directed that if a representation is made by the petitioner be

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