IN THE HIGH COURT OF JHARKHAND AT R A N C H I
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L.P.A. NO.34/2009
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Debabrata Dasgupta ........ Appellant.
Versus
State of Jharkhand and Ors. ............ Respondents.
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CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE D.K.SINHA
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For the Appellant: Mr.R.M.Singh.
For the Respondents: J.C. to A.G.
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07/09.07.2009
This appeal has been preferred against the judgment and
order dated 17.12.2008 passed by the learned Single Judge in
W.P(S) NO.1124/2006 by which claim of the petitioner for promotion
to the post of Associate Professor was rejected as it was held that
the petitioner did not possess the requisite qualification for
promotion to the post of Associate Professor in Biochemistry in the
year 1983.
The petitioner, who is appellant herein, therefore,
preferred this appeal challenging the judgment passed by the
learned Single Jude but, during the pendency of this appeal, an order
of promotion dated 01.06.2009 was issued in favour of the appellant
and he was promoted to the post of Associate Professor. However, it
is informed that only after 19 days, an order was issued on
20.06.2009 withdrawing the promotion of the petitioner/appellant
herein by describing it as ‘Suddhi Patra’.
In our view, this appeal ought to be treated as infructuous
since the respondent during pendency of this appeal has already
issued an order of promotion in favour of the appellant on
01.06.2009 but thereafter, if the order has been withdrawn, that
would be a fresh cause of action for the petitioner to assail the same
before the appropriate forum.
In so far as this appeal is concerned, the same is dismissed
as infructuous.
(Gyan Sudha Misra,C.J.)
( D.K.Sinha, J )
Biswas