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Jharkhand High Court · body

2009 DIGILAW 1523 (JHR)

Sunil Kumar v. State of Bihar

2009-11-30

D.G.R.PATNAIK

body2009
Order Heard counsel for the parties. 2. Petitioner in this writ application has prayed for the issuance of direction to the respondents to grant him promotion in the junior selection grade with effect from due date i.e., 1.4.1989 and also to sanction the revised scale of Deputy Registrar w.e.f. 1.1.1996. 3. The petitioner was appointed earlier under the Bihar (now Jharkhand) Cooperative Service in the year 1985 after he succeeded in the 29th Combined Competitive Examination conducted by the Bihar Public Service Commission. He was posted as Assistant Registrar, Co-operative Societies and he has also served as Managing Director in various District Central Co-operative Banks and presently posted as Managing Director, Central Cooperative Bank, Khunti, Ranchi. 4. The gradation list of all the officers of Bihar Co-operative Service Cadre was prepared and issued by the department on 13.7.1994. The petitioner's name appeared at serial no. 70. A proposal for grant of promotion to the officers of Bihar Co-operative Services in the junior selection grade was made in the year 1996 by the State Government. The probable dates from which the promotions could be granted, was also proposed and in the proposal list so prepared, the petitioner's name was appearing at serial 23 and according to which, the petitioner was entitled for his promotion in the junior selection grade w.e.f. 1.4.1989. 5. Upon acceptance of the proposal, the State of Bihar has granted promotion to the officers of the Bihar Co-operative Services in the junior selection grade vide notification dated 12.3.1997. 6. The grievance of the petitioner is that in the promotion list, by which as many as 19 officers were promoted, and out of whom seven officers were those named from serial no. 12 onwards, who were junior to the petitioner in the gradation list. Yet, the petitioner was not granted promotion and no reason was assigned as to why promotion was denied to the petitioner. 7. The further grievance of the petitioner is that he had submitted several representations, but the concerned authorities of the respondents did not respond to any of his representations and as such the instant writ application. 8. In the counter affidavit of the respondent-State of Bihar, as it appears, no specific dispute has been raised as regards the petitioner's claim for his eligibility for grant of promotion in the junior selection grade. 8. In the counter affidavit of the respondent-State of Bihar, as it appears, no specific dispute has been raised as regards the petitioner's claim for his eligibility for grant of promotion in the junior selection grade. The only dispute, as it appears, is the date from which such promotion is to be given to the petitioner. It has been explained that though, officers junior to the petitioner in the gradation list were granted promotion from specific dates, but subsequently on revision, the date had to be shifted in the cases of all such officers. 9. The above stand taken by the State of Bihar apparently does not deny the petitioner's entitlement for his promotion to the junior selection grade. If the petitioner is so entitled, it is for the concerend authorities of the State to record an appropriate decision on the petitioner's claim for his promotion and while doing so, to also consider that the date of the petitioner's promotion, even if it has to be shifted, should be placed above those who had already granted such promotion. 10. Counsel for the respondents-State of Jharkhand submits that the State of Jharkhand would be in a position to act only after receiving a revised statement from the State of Bihar regarding dates from which the promotion has been to be implemented and in respect of the employees of the State Co-operative Service. 11. In the light of facts and circumstances and also submissions made, this writ application is disposed of with a direction to the concerned authorities of the State of Bihar to consider and take appropriate decision within two months of the date of this order, upon the claim of the petitioner for grant of promotion in the junior selection grade and for sanctioning the scale of Deputy Registrar, up to 14.11.2000 bearing in mind that the petitioner's original seniority is not disturbed, and shall communicate its decision to its counter part in the State of Jharkhand who shall act in accordance with the communication received and extend all the monetary benefits to the petitioner upon grant of promotion in the junior selection grade and scale of Deputy Registrar. The decision must be taken within two months from the date of receipt of the communication from State of Bihar and shall be informed its decision to the petitioner. 12. With these observations, this writ petition is disposed of. The decision must be taken within two months from the date of receipt of the communication from State of Bihar and shall be informed its decision to the petitioner. 12. With these observations, this writ petition is disposed of. Let a copy of this order be given to the counsel for the respondent-State of Bihar and State of Jharkhand.