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Jharkhand High Court · body

2009 DIGILAW 1373 (JHR)

Ramanuj Kumar Singh v. State of Jharkhand

2009-11-05

D.N.PATEL

body2009
Judgment 1. The present petition has been preferred mainly for the reason that the respondents are appointing the candidate as District Planning Officer from the cadre of Scientific System Analyst and that too the juniors to the present petitioner. The petitioner is working on the post of Credit Organizer-cum-Rural Development Specialist from 1990 onwards whereas the post of District Planning Officer is given to the juniors, who are working on the post of Scientific System Analyst, which is an equivalent post and, therefore the present petition has been preferred. 2. It is submitted by learned counsel for the petitioner that always the respondents are appointing In-charge District Planning Officer from Scientific System Analyst a feeder cadre and therefore this tendency and practice ought to be stopped by the respondents and a regular promotion ought to be given to a senior most candidate from joint seniority list of both feeder cadre. 3. Learned counsel appearing for the respondents submitted that a supplementary counter affidavit has been filed and it has been stated in paragraphs 6 (d) and (e) that the case of the present petitioner and other similarly situated candidates have already been considered by the Government and they will be deputed on the post of In-Charge District Planning Officer, but, as the Model Code of Conduct regarding the State Assembly Election has been brought in force with 2. effect from 23rd October, 2009, after the election is over and after the Model Code of Conduct is lifted by the Election Commission of India, claim of the present petitioner will be finalized by the Government. 4. The paragraphs 6 (d) and (e) of the supplementary counter affidavit read as under:- “6 (d). On the representation of Sri Ramanuj Kumar Singh, Credit Planner-cum-Rural Development Expert (the petitioner) for the deputation on the post of In-Charge District Planning Officer. The matter has been taken up and the same is in process in the department. Sri Ramanuj Kumar Singh (the petitioner) and the other similar officers including Credit Planners and System Analyst would be deputed on the post of in-charge District Planning Officer in their own pay scale. (e). This matter has not been finalized due to enforcement of the Model Code of Conduct regarding the State Assembly Election, which is in force w.e.f. 23.10.2009. Sri Ramanuj Kumar Singh (the petitioner) and the other similar officers including Credit Planners and System Analyst would be deputed on the post of in-charge District Planning Officer in their own pay scale. (e). This matter has not been finalized due to enforcement of the Model Code of Conduct regarding the State Assembly Election, which is in force w.e.f. 23.10.2009. As soon as the model code of conduct is lifted by the Election Commission of India i.e. after the election processes are over, this matter regarding posting of the petitioner and other similarly situated Credit Planners and System Analysts will be finalized.” 5. Looking to the aforesaid paragraphs of the supplementary counter affidavit, learned counsel appearing for the petitioner is not pressing this writ petition at this stage, but, seeks liberty to file a fresh petition, in case of difficulty. 6. Learned counsel for the petitioner also submitted that as the decision is already taken by the respondents for the claim, lodged by the present petitioner on the post of the District Planning Officer, but, the only bottleneck is Model Code of Conduct, which is in force as on today and, therefore, no sooner did, the Model Code of Conduct is lifted by the Election Commission of India, the petitioner may be deputed on the post of In-Charge District Planning Officer. 7. In view of the submission on oath in the supplementary counter affidavit, this petition is disposed of as not pressed at this stage, reserving liberty with the petitioner to file a fresh petition, in case of difficulty. 8. The petition is, hereby, disposed of.