Ram Nandan Sharma vs State of Jharkhand and Others

Prashant Kumar

It is submitted by Sri Jai Prakash, Senior Advocate, appearing for the petitioner that petitioner is a Junior Engineer in Road Construction Department since 1979. He then submits that on 11.12.2009, a meeting of Departmental Promotion Committee was held, but however on that day, the case of petitioner not considered, because vigilance clearance of petitioner not received in the Department. However, it is stated that on the date of aforesaid meeting, vigilance clearance of petitioner was also received in the Department, but in the said vigilance clearance in place of Ram Nandan Sharma, Raj Nandan Sharma was mentioned due to some typographical error. It is submitted that the Vigilance Department by issuance of Annexure-1 had rectified the aforesaid mistake on 12.01.2010, but thereafter meeting of D.P.C. has not been held, as a result of that petitioner is still working as Junior Engineer, though his Juniors promoted. It is stated in the writ application that posts of Assistant Engineer is vacant and therefore, there is no legal impediment for holding a D.P.C. at the earliest, so that the case of petitioner can be considered. It is submitted that for holding D.P.C. petitioner has filed a representation before respondent no. 2, Secretary, Road Construction Department, Government of Jharkhand, but the said representation is still pending.

In view of the aforesaid facts and circumstances, I direct respondent no. 2 to dispose of the representation of petitioner in accordance with law and if there is no legal impediment then fix a date of D.P.C. as prayed by petitioner.

With the aforesaid observation and direction, this writ application is disposed of.