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Md. Basarat vs Jharkhand State Electricity Board

Jharkhand High Court · Decided on 7 December 2016 · Citation: (2017) 1 AIRJharR 276

HON’BLE JUDGES
Mr. Shree Chandrashekhar, J.
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226
RESULT
Dismissed
CASE NUMBER
W.P. (S) No. 2857 of 2015
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Judgment

6 paragraphs · 325 words

Mr. Shree Chandrashekhar, J. - Prayer in the writ petition is for direction to the respondent to promote him to the post of Crane Operator from 2007 in the scale of Rs. 9300-34800 in grade pay of Rs. 4200.

2.

Heard.

3.

The learned counsel for the petitioner contends that at least two persons namely Laxmi Chauhan and Jagdish Prasad Yadav who are juniors to the petitioner have been promoted in the rank of Crane Operator however, the petitioner''s claim for promotion has not been considered.

4.

The petitioner was appointed on 15.12.1977 as unskilled Khalasi in Patratu Thermal Power Station (P.T.P.S.). In the counter-affidavit, the respondent-P.T.P.S. has pleaded that the petitioner was granted first upgraded scale of pay from 01.08.1988 and he was given second Time-Bound pay-scale in the next higher grade of Rs. 1200-35-1550-40-2030/-. He was promoted from the post of Unskilled Khalasi in the rank of Skilled Khalasi in the revised pay-scale of Rs. 5200-20200/- in the grade pay of Rs. 2400/-. Not only that, 3rd M.A.C.P. was also given to him with effect from 01.09.2008 on completion of 30 years'' service. The respondents have asserted that the post of H.E.M. Operator/Crane Operator is neither the promotional post of the Skilled Khalasi nor it is in the same cadre. It is stated that specific qualification and experience is required for the post of H.E.M. Operator/Crane Operator. In the context of the juniors namely Laxmi Chauhan and Jagdish Prasad Yadav being promoted as Crane Operator, the respondents have asserted that interview/trade test was conducted by the Selection Committee constituted vide order dated 08.03.1999 and with the approval vide letter dated 13.03.2003 of Jharkhand State Electricity Board, the above-named two persons were appointed on the post of Crane Operator.

5.

In view of the aforesaid facts, I am of the opinion that the petitioner cannot legitimately claim promotion to the post of Crane Operator.

6.

Considering the aforesaid facts, the writ petition stands dismissed.