Surendra Prasad vs State Of Jharkhand And Ors

Heard Mr. Ramit Satender, the learned counsel for the petitioner and Mr. Ashish Kumar, the learned AC to GA-I appearing for the respondent State.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due

to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been

heard on merit.

The petitioner has preferred this writ petition for a direction upon the respondents to pass the order for promotion of the petitioner, promoting him to

the post of District Welfare Officer with effect from the date when the juniors to him have been promoted i.e. 29.01.2016.

Mr. Ramit Satender, the learned counsel for the petitioner submits that the petitioner was appointed in November, 1992 to the post of Block Welfare

Officer and retired from the service being posted as Block Welfare Officer with effect from 31.01.2017. The petitioner has unblemished service

record. After the bifurcation of the cadre, the petitioner was allotted Jharkhand State. During the unified State of Bihar, the Director of the Welfare

Department issued provisional seniority list wherein the name of the petitioner is reflected at serial no.308. The provisional seniority list published on

14.11.2014 wherein the provisional seniority list of the officers to the cadre of Block Welfare Officer has been published in which the name of Sri

Ravi Chandra Mishra, Sri Ratish Singh Thakur and Sri Ashok Kumar have been shown to be promoted to the post of Sub- Divisional Officer, although

they were junior to the petitioner and the petitioner has been left out. He further submits that several persons who were junior to the petitioner have

been given promotion whereas the petitioner has been left out. The persons much junior to the petitioner have been promoted to the post of District

Welfare Officer as indicated in the Annexure-3 to the writ petition. He further submits that the petitioner has already filed the representation, but no

decision has been taken as yet.

Mr. Ashish Kumar, the learned State counsel submits that the petitioner may kindly be directed to file a fresh representation along with all the

credentials on which the petitioner is relying before the respondent State and the respondent State will take a decision in accordance with rules,

regulations and the guidelines with regard to such promotion.

Accordingly, the petitioner is directed to file a fresh representation before the respondent State within a period of four weeks along with all the

credentials.

If such a representation is filed within the aforesaid period, the respondent State will consider the case of the petitioner in accordance with rules,

regulations and the guidelines and will consider the case of the petitioner for promotion considering this aspect of the matter that the juniors to the

petitioner have been promoted to the higher post whereas the petitioner has been left out, within a period of eight weeks thereafter and will pass

appropriate reasoned order.

With the aforesaid observations and direction, the instant writ petition [W.P. (S) No. 321 of 2020] stands disposed of.

I.A if any also stands disposed of.