V.K. TAMTA Vs. STATE & OTHERS

JUDGEMENT

(1.) The dispute in this writ petition relates to the petitioner's claim to be promoted to the post of Chief Engineer Level-I and the Head of the Irrigation Department.

(2.) Facts, not in dispute, are that there is one sanctioned post of Chief Engineer-Level I, and four sanctioned posts of Chief Engineer- Level II. The petitioner was promoted as Chief Engineer-Level II on 31.01.2008. Two other officers, namely Mr. S.C. Sharma and Mr. Amirul Hassan, were promoted as Superintending Engineer on 31.01.2008. Consequent upon the retirement of the then Chief Engineer- Level I, the said post fell vacant on 30.04.2010. A common Departmental Promotion Committee (DPC) was held for selection to the post of Chief Engineer- Level I and Chief Engineer- Level II. The name of the petitioner is said to have been recommended, by the DPC, for appointment to the post of Chief Engineer-Level I vide proceedings dated 11.02.2011. Mr. S.C. Sharma and Mr. Amirul Hassan, who were promoted as Superintending Engineers on 31.01.2008, were promoted as Chief Engineers- Level II on their being recommended, by the common DPC held on 11.02.2011, for appointment to these posts.

(3.) After the orders of promotion were issued, the petitioner took charge of the post of Chief Engineer- Level I on 14.03.2011. Both Mr. S.C. Sharma and Mr. Amirul Hassan took charge as Chief Engineers- Level II on 16.03.2011.