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Bipin Kumar Sinha and Others, Amarendra Kumar Singh and Another and Hari Madhaw Singh and Others vs State of Jharkhand and Others

Jharkhand High Court · Decided on 23 March 2005 · Citation: (2005) 3 JCR 141

HON’BLE JUDGES
S.J. Mukhopadhaya, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (S) No''s. 6655, 6798 and 6872 of 2004
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Judgment

6 paragraphs · 298 words

S.J. Mukhopadhaya, J.—In all these three cases the petitioners have challenged common notification contained in Memo Nos. 4891 and 4898 both dated 11.12.2004. By the aforesaid notification the petitioners have been posted as Assistant Engineers.

2.

The main grievance of the petitioners is that they have been reverted from the higher post of Executive Engineer to the lower post of Assistant Engineer, though they were eligible and fit to hold the post of Executive Engineers.

3.

Counsel for the petitioners submitted that the petitioners have already been found fit by the Selection Committee for regular posts of Executive Engineers and vigilance clearance has been given. In-spite of that instead of granting them promotion to the post of regular Executive Engineer, they were given charge of Executive Engineer and later on sent back to the lower post of Assistant Engineer.

4.

Admittedly the petitioners have not been promoted to the higher post of Executive Engineer. They were merely given charge of Executive Engineer. After cadre was bifurcated and allocation of the State, regular Executive Engineers having been posted in the Department, the State Government has issued the notification, posting those regular Executive Engineers against the posts of Executive Engineers, of which the petitioners were merely holding charge.

5.

In the above circumstance this Court is not inclined to interfere with the notification dated 11.12.2004, as the petitioners have no right to hold such posts, However, this order shall not stand in the way of the petitioners for consideration of their cases for regular promotion to the. higher post of Executive Engineers if they have been declared fit for promotion by the Public Service Commission/Departmental Promotion Committee.

The petitioners may approach the concerned Officers of the State Government for such relief. The writ petitions stand dismissed with the aforesaid observation.