Nagendra Kumar Singh v. State of Bihar (Now Jharkhand)
2007-11-29
R.K.MERATHIA
body2007
DigiLaw.ai
JUDGMENT Ramesh Kumar Merathia, J. 1. This writ petition has been filed for a direction to promote the petitioners to Class III posts on the date on which respondents No. 5 to 8 said to be juniors to them were given promotion and for restoration of their seniority in Class III posts with effect from the due dates. 2. Mr. A.K. Sahani, learned Counsel appearing for the petitioners, submitted that the petitioners were appointed in Class IV posts as regular employees whereas respondents No. 5 to 8, who were work charged employees, were regularised after the appointment of the petitioners. He further submitted that on 31.7.1995, adhoc promotion was wrongly given to respondents no. 5 to 8 by the Superintending Engineer, which was doubted by the Chief Engineer and, therefore, opinion was sought from the Personnel Department by letter dated 26.8.1996. As no decision was taken by the respondents, the petitioners made several representations but nothing was done, hence this writ petition was filed. 3. Referring to the counter affidavit filed on behalf of respondent No. 2 as far back as on 17.8.1998, the State counsel submitted that the matter was pending at that time and he is not in a position to inform this Court about the present position. 4. Mr. Krishna Murari, appearing for respondents No. 5 and 8 submitted that respondent No. 5 was appointed in regular manner as Daftari on higher scale and respondent no. 8 was appointed on regular basis as Tressar and his post was converted from Tressar to Junior Accounts Clork in the same pay scale which was not a promotion. He further submitted that respondents No. 6 and 7 were appointed in work charge establishment prior to the appointment of the petitioners and though they were regularised after the petitioners were appointed, but in view of the judgment of L.P.A. No. 37 of 1990 passed by the Patna High Court, the services rendered by them in the work charge establishment were to be counted. He further submitted that respondents No. 5 to 8 were rightly appointed on promotion and there was no deviation from the rules. He lastly submitted that respondents No. 5 to 8 are working on the promoted post for the last ten years. 5. It appears that certain mistakes have occurred in the seniority list prepared by the department with regard to the date of joining of the petitioners.
He lastly submitted that respondents No. 5 to 8 are working on the promoted post for the last ten years. 5. It appears that certain mistakes have occurred in the seniority list prepared by the department with regard to the date of joining of the petitioners. However, in view of the order I intend to pass, it is not necessary to go into the controversies raised by the parties in this writ petition. 6. It appears that the then Chief Engineer in his letter dated 26.8.1996 sought opinion of the Personnel Department but no reply pursuant to the said letter has been brought on the record. Similarly no order has been brought on record by the department passed on the representation of the petitioners. 7. In the circumstances, the matter is remitted to the Engineer-in-Chief, Rural Development Department, Jharkhand, Ranchi before whom the petitioners will file fresh representation within four weeks. If the Engineer-in-Chief wants to seek any opinion/guidelines from the Personnel Department, he may do so, but in that event, the Personnel Department will send its opinion/guidelines to him within four weeks from the date of receipt of such request. The Engineer-in-Chief will give opportunity of hearing to the petitioners and respondents No. 5 to 8 and pass speaking order in accordance with law within three months from the date of receipt/production of a copy of this order and will supply a copy of the same to the parties. It goes without saying that if the claim of the petitioners is found tenable, they should be provided the benefits within the same time. It is made clear that this Court has not gone into the merits of the respective cases of the parties. With these observations and directions, this writ petition is disposed Writ petition disposed of.