Murari Bhagat vs State of Jharkhand

This interlocutory application has been filed for impleading the applicants as respondent Nos. 5 to 8 as the present applicants are necessary parties to

be heard.

Mr. Indrajeet Sinha, learned counsel for the intervenors submits that these applicants are necessary parties to be impleaded in Writ Petition No. 822 of

2018 as party- respondents in the cause-title of the main writ application as the said applicants have been affected in view of the stay order granted by

this Hon'ble Court and if the writ petition is allowed, the order would directly affect the promotional avenues of the applicants.

Learned counsel for the petitioner as well as learned counsel for the respondent-State have no objection to said impleadment.

Accordingly, I.A. No. 4238 of 2018 stands allowed.

The petitioner is directed to implead the applicants in I.A. No. 4238 of 2018 as a party respondent Nos. 5 to 8 in the arrays of party respondents in the

main writ petition course of the day with red ink.

I.A. No. 4237 of 2018

The present interlocutory application has been preferred for vacating/altering/modifying the order dated 26.02.2018 as the present applicants are

aggrieved by the order dated 26.02.2018 passed in this case to the extent that the seniority list dated 02.02.2018 has been stayed.

Learned counsels for the parties have no objection if the stay order dated 26.02.2018 is vacated.

In view of the averments made in the interlocutory application and after hearing the learned counsel for the parties, I hereby vacate the order dated

26.02.2018 staying the operation, implementation and execution of the seniority list dated 02.02.2018.

Accordingly, I.A. No. 4237 of 2018 stands allowed.

W.P.(S) No. 822 of 2018

 The present writ petition has been preferred for amending/re-arranging the gradation list issued vide Notificate under Memo No. 713 (S) dated

02.02.2018 (Annexure-8).

Learned counsel for the petitioner submits that the petitioner is aggrieved by the gradation list dated 02.02.2018 to the extent that if the petitioner is put

to Sr. No. 62 which is reflected from the gradation list, his case shall not be considered for further promotion to the post of Chief Engineer. It is

further argued that the first gradation list was prepared by the order of this Hon'ble Court on 20.04.2007 and there is no occasion for respondent-State

to come out with a revised seniority list/gradation list.

Mr. Jai Prakash, learned counsel for the respondent-State very fairly submits that gradation list dated 20.06.2008 arising out of notification dated

31.03.2003 (Annexure-4 to the writ petition) has already been kept in abeyance in view of the order passed by this Hon'ble Court in Civil Review Nos.

7 & 8 of 2008 vide order dated 16.12.2008. Learned counsel further submits that as several writ petitions were filed in this Hon'ble Court for

promotion to the post of Superintending Engineer in General Category and in view of the order passed by the Hon'ble Division Bench of this Court in

case of Amrendra Kumar Singh Vs. State of Jharkhand & Ors. in W.P.(S) No. 3792 of 2016, promotions of either categories were stayed by the

Department/ State of Jharkhand and it is only after interference of this Hon'ble Court vide order dated 14.05.2018 in other writ petitions, steps were

taken and an interlocutory application No. 5279 of 2018 was filed before the Division Bench in W. P.(S) No. 3792 of 2016 for clarification regarding

stay of promotion orders and when the matter was clarified vide order dated 27.06.2018, the respondent-State is taking steps for promotion. The case

of the petitioner has already been considered by the respondents for promotion to the post of Superintending Engineer. The petitioner in no way

affected by the promotions of the respondents No.5 to 8 as well as gradation list dated 02.02.2018 as they are going to be considered and promoted to

the post of Superintending Engineer, whereas petitioner has already been considered and granted promotion to the post of Superintending Engineer in

July, 2014 itself and as such, petitioner should not be aggrieved by the promotion of the respondent Nos. 5 to 8 though its being based on final

gradation list dated 02.02.2018. Learned counsel further submits that as and when the respondent-State will hold a DPC for consideration of

promotion to the post of Chief Engineer from Superintending Engineer, the case of the petitioner shall be considered taking into account that in the

category of Scheduled Tribe to which the present petitioner belongs, the name of the petitioner is at Sr. No.1 though in the gradation list dated

02.02.2018 his name has been shown at Sr. No. 62.

Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered opinion that already the petitioner has

been promoted to the post of Superintending Engineer in the year, 2014 itself. The case of respondent Nos. 5 to 8 for promotion to the post of

Superintending Engineer shall be considered by the respondents in view of the observations made by the Hon'ble Division

Bench of this Court in case of in case of Amrendra Kumar Singh Vs. State of Jharkhand & Ors. vide its order dated 27.06.2018 in I.A. No.Â

5279 of 2018 in W.P. (S) No. 3792 of 2016, holding therein that, “it is directed that pendency of this writ petition shall not stand in the way of the

State of Jharkhand for taking steps for the purpose of promotion from “reserved to reserved†and “unreserved to unreserved†and also in the

matter of promotion on merits.

It is made clear that the State of Jharkhand is not deprived from giving promotion in accordance with law, pending further consideration of the present

writ petition.

To the aforesaid extent, the order passed by this Court dated 27th  February, 2017 in W.P. (S) No.3792 of 2016 is, hereby, modified .â€​

As far as promotion of the petitioner to the post of Chief Engineer is concerned, since already the case of the petitioner is under consideration, as and

when the respondent-State comes out for holding a DPC for consideration of promotion to the post of Chief Engineer, the same shall be considered

taking into account that in the category of Scheduled Tribe, the name of the petitioner is at Sr. No.1 though in the gradation list dated 02.02.2018, his

name has been shown at Sr. No. 62 and the placement of the petitioner in the final gradation list dated 02.02.2018 shall not come in the way of

promotion to the post of Chief Engineer as, and when it is considered. Let it be made clear that as already the stay regarding promotion of the General

Category has been vacated by the Hon'ble Division Bench, the respondent-State is directed to consider the case of the respondent Nos. 5 to 8 for

promotion to the post of Superintending Engineer, in accordance with law.

With the aforesaid observations and directions, the writ petition stands disposed of.Â