NARESH KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioners are members of a feeder cadre to the posts of Block Development & Panchayat Officers. All the petitioners were allowed current duty charge against the posts of Block Development & Panchayat Officers vide order dated 8.8.2002. It is also the contention of the petitioners that they have continued to discharge duties on the posts of Block Development & Panchayat Officers ever since August,2002. Additionally, it is pointed that while holding current duty charge on the posts of Block Development & Panchayat Officers, they were also exercising powers of drawing & disbursing Officers.

(2.) The respondents took a policy decision not to allow the posts of Block Development & Panchayat Officers to be filled up on current duty charge basis. In fact, it was decided to vest additional charge of the posts lying vacant to those persons who had substantively been promoted to the posts of Block Development & Panchayat Officers. The aforesaid decision was taken by the respondents on 13.1.2006. The petitioners approached this Court by impugning the order dated 13.1.2006. Noticing the fact that the petitioners have been discharging uninterrupted duties of the posts of Block Development & Panchayat Officers since August,2002, this Court passed an interim order on 17.1.2006 directing the respondents not to disturb the present status qua the petitioners as it existed on that date.

(3.) A joint written statement on behalf of respondent Nos.1 and 2 has been filed in the interregnum. Pleadings are complete and,therefore, in terms of our order dated 24.1.2006, the instant writ petition is being taken up for final disposal. During the course of hearing, learned counsel for the petitioners vehemently contends that the petitioners were granted current duty charge strictly in order of their seniority from amongst various feeding cadres. It is also the case of the petitioners that they are drawing salaries against the posts on which they have been allowed current duty charge from the budget assigned to the posts of Block Development & Panchayat Officers. That being so, it is the vehement contention of learned counsel for the petitioners, that as and when regular process of selection is conducted for promotion to the posts of Block Development & Panchayat Officers, it is only the petitioners who are likely to be promoted to the said posts.