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Palindra Mehra Vs. State of Bihar (Now Jharkhand) and ors. - Court Judgment

SooperKanoon Citation

Subject

Service

Court

Jharkhand High Court

Decided On

Judge

Reported in

[2008(1)JCR626(Jhr)]

Appellant

Palindra Mehra

Respondent

State of Bihar (Now Jharkhand) and ors.

Excerpt:


- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant......senior selection grade but for no thyme and reason the petitioner has not been provided with such benefit of senior selection grade in spite of the fact that he is otherwise eligible for the said senior selection grade.2. a counter affidavit has been filed on behalf of the state of bihar in which it is stated that since vigilance clearance has not been received with regard to the petitioner, the matter for promotion of the petitioner to the senior selection grade could not proceed. in spite of several adjournments the state of jharkhand has not come forward with any counter affidavit.3. this writ application is of the year 2002 and since then six years has already been passed and, therefore with the consent of the parties, this writ application is being disposed of at this stage itself without waiting for the counter affidavit from the state of jharkhand by giving liberty to the petitioner to file a fresh representation before the secretary, department of co-operative, government of jharkhand stating in detail abut his claim and grievance alongwith supporting documents, if any, within a period of four weeks from today. if such a representation is filed by the petitioner within.....

Judgment:


ORDER

Amareshwar Sahay, J.

1. Heard the counsel for the parties.

The petitioner is posted as Deputy Registrar, Cooperative Society of the State of Jharkhand. His grievance is that by issue of Annexure-10 dated 13th July 2002, several other persons, who are junior to the petitioner, have been given senior selection grade but for no thyme and reason the petitioner has not been provided with such benefit of senior selection grade in spite of the fact that he is otherwise eligible for the said senior selection grade.

2. A counter affidavit has been filed on behalf of the State of Bihar in which it is stated that since vigilance clearance has not been received with regard to the petitioner, the matter for promotion of the petitioner to the senior selection grade could not proceed. In spite of several adjournments the State of Jharkhand has not come forward with any counter affidavit.

3. This writ application is of the year 2002 and since then six years has already been passed and, therefore with the consent of the parties, this writ application is being disposed of at this stage itself without waiting for the counter affidavit from the State of Jharkhand by giving liberty to the petitioner to file a fresh representation before the Secretary, Department of Co-operative, Government of Jharkhand stating in detail abut his claim and grievance alongwith supporting documents, if any, within a period of four weeks from today. If such a representation is filed by the petitioner within the said period of four weeks, the Secretary, Department of Cooperative, Government of Jharkhand, shall consider the claim of the petitioner in its right perspective and take a decision in the matter and pass a reasoned order in accordance with law within a period of eight weeks from the date of filing of such representation.

With these observations and directions, this writ application is disposed of.


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