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Jharkhand High Court · body

2002 DIGILAW 971 (JHR)

Umesh Prasad Sinha v. State Of Bihar

2002-09-05

M.Y.EQBAL

body2002
ORDER M.Y. Eqbal, J. 1. The petitioner is aggrieved by the office order dated 28.5.1994 issued by respondent No. 3, Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Gumla whereby the promotion given to the petitioner in 1992 on the post of Assistant Engineer has been withdrawn till the confirmation/approval by the Government. 2. The petitioner was appointed as Junior Engineer in non-gazetted rank in Zila Parishad, Ranchi in the year, 1967 when Gumla was within the jurisdiction of Zila Parishad, Ranchi. After creation of Gumla District Zila Parishad, the petitioner was transferred as Junior Engineer Zila Parishad, Gumla sometimes in 1981. 3. It appears that after completion of 25 years of service of the Zila Parishad Establishment Committee took up the case of the petitioner for promotion to the post of Assistant Engineer and by order dated 29.1.1992 the Zila Parishad Establishment Committee promoted the petitioner to the post of Assistant Engineer. After the aforesaid promotion was given to the petitioner, serious objections were raised by the higher authorities including audit objection with regard to the legality and validity of the promotion given by the Establishment Committee. Consequently the said order of promotion was withdrawn by the impugned order. 4. Sub-section (5) of Section 50 of the Bihar Panchayat Samiti and Zila Parishad Act, 1961 as amended in 1990 does not empower the Establishment Committee to take decision for promotion on the gazetted post. At best it is a recommending authority. 5. From perusal of various annexures it appears that as against the sanctioned post of Assistant Engineer available in Gumla Parishad, the case of the petitioner for promotion against the said post was sent to the Government for confirmation/ approval. 6. In para 21 of the counter affidavit filed by respondents 2 and 3 it is stated that respondent No. 4 has not cancelled the promotion of the petitioner and it has been kept pending till the State Government accords sanction/approval of the said promotion of the petitioner to the post of Assistant Engineer. In the counter affidavit filed by respondent No. 4 it is inter alia stated that before promoting the petitioner to the post of Assistant Engineer respondents NOS. 2 and 3 were required to obtain prior approval of the State Government and clearance roaster by the Personnel Department. 7. In the counter affidavit filed by respondent No. 4 it is inter alia stated that before promoting the petitioner to the post of Assistant Engineer respondents NOS. 2 and 3 were required to obtain prior approval of the State Government and clearance roaster by the Personnel Department. 7. Admittedly the petitioner joined the served as Junior Engineer in 1967 and he has completed about 35 years of service. In such circumstance, in my opinion, the petitioner is entitled to be considered for promotion to the post of Assistant Engineer. The concerned department of the Government of Jharkhand should consider the case of the petitioner for promotion to the post of Assistant Engineer. I, therefore, direct the concerned department (Directorate of Panchayat Raj, Government of Jharkhand) to consider the case of the petitioner for promotion to the post of Assistant Engineer and take a decision as expeditiously as possible and preferably within a period of 3 months from the date of production of a copy of this order. The petitioner shall produce a copy of this order along with his representation within 2 weeks from today. Since by interim order dated 21.2.1995 the operation of the impugned Annexures 8 and 9 was stayed by this court, I direct that the interim order shall continue for a further period of 3 months till the representation of the petitioner is disposed of by the concerned department. 8. With the aforesaid observation this writ petition shall stands disposed of.