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Judgment
S.J. Mukhopadhaya, J.—The grievance of the petitioner is that though he is senior to respondent No. 4 but the respondent No. 4 has been given additional charge of the higher post of controller. Weights and Measures vide notification No. 32 dated 7th January, 2002.
According to the respondent No. 4 the question of seniority vis-a-vis him and the petitioner does not arise, both of them being in two different Branches (categories). It is stated that the petitioner is in the category-8 (Marketing) whereas respondent No. 4 is in the category-1 (Agronomy) of the State Agriculture Service. However, it is not disputed that the petitioner is getting the Super/time scale of Rs. 4100-5300 whereas respondent No. 4 is in the scale of Rs. 3700-5000.
Mr. B.S. Lall, learned AAG submitted that there is no post of Controller, Weights and Measures sanctioned in the State of Jharkhand. If that is the fact, then there was no occasion for the respondent-State to ask the respondent No. 4 to function as Controller, Weights and Measures in absence of such post.
In the facts and circumstances, no post of Controller, Weights and Measures having created for the State of Jharkhand the notification No. 32 dated 7th January, 2002 is set aside so far as it relates to respondent No. 4.
However, it is made clear that this Court has not determined the question of seniority vis-a-vis the petitioner and the respondent No. 4.
The writ petition stands disposed of with aforesaid observations.