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2005 DIGILAW 863 (JHR)

Hari Charan Rajak v. State Of Jharkhand

2005-12-16

SUDHANSU JYOTI MUKHOPADHAYA

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ORDER S.J. Mukhopadhaya, J. 1. This writ petition was preferred by the petitioner against the Notification No. 1420 (S) dated 18th May, 2005, whereby and whereunder, the petitioner has been posted to his substantive post of Executive Engineer. 2. The grievance of the petitioner is that, though, juniors to him have been given charge of higher posts of Superintending Engineer, seniors like him, have been reverted to their substantive posts of Executive Engineer. 3. Learned Counsel for the petitioner submitted that during the pendency of the writ petition, the State of Jharkhand has finalized the gradation list of Executive Engineers, published on 28th November, 2005 wherein name of the petitioner has been shown at appropriate stage. It was further submitted that the petitioner being a member of scheduled caste category, he is not only entitled for consideration of his case for promotion against the post of Superintending Engineer which is reserved for scheduled caste category but also against the unreserved posts commonly known as general category. 4. In the present case, the gradation list has already been finalized by the State of Jharkhand, in which the petitioner, has been allotted appropriate place. In view of the interim order passed by this Court, the petitioner is holding the charge of the post of Superintending Engineer. 5. Now as the matter requires determination by the State Authorities as to how they will fill up the posts of Superintending Engineer, the case is remitted with a direction to the respondents to fill up the posts of Superintending Engineer on regular basis. Till the posts are not filled up on regular basis and the State intend to make ad hoc arrangement by posting an Executive Engineer with the charge of the higher post of Superintending Engineer, in such circumstances, the respondents will follow the basic rule of merit-cum- seniority. If one or other post is reserved for scheduled caste or scheduled tribe, they should be filled up from those categories. Unreserved posts (General Category) should be filled up on merit-cum-seniority, irrespective of caste of a person. 6. In case it is found that the petitioner not coming within the zone of consideration or not eligible or not fit, in such case it will be open to the respondents to revert the petitioner to his substantive post of the Executive Engineer. 7. This writ petition stands disposed of with the aforesaid observations and directions.