BIHAR ENGINEERING SERVICES Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) FROM the counter affidavits filed on behalf of the respondents and from the statement of the petitioners this Court is satisfied that there are sufficient number of vacancies in respect of Executive Engineers against which persons promoted vide order dated 19th May, 2000 (An -nexure -3) can be posted so as to make their promotion to the post of Executive Engineer meaningful. It is clarified here that about 20 posts of Executive Engineer have been kept reserved for such persons who have not been cleared for promotion on account of different inquiries etc. pending against them. About 30 vacancies are reported to have already occurred since the last calculation made by the respondents themselves. In such circumstances, the petitioners have agreed to accept conditional posting that the posting granted to them may be affected on subsequent promotion of all the candidates whose cases have been kept pending for promotion depending upon total number of vacancies at the relevant periods. In such circumstances the simple grievance of the petitioners with regard to direction for posting of officers promoted by Annexure -3 must be allowed for simple reasons that promotions already granted cannot be kept in abeyance only on account of delay in posting. Hence the prayer for posting of the concerned persons promoted by Annexure -3 is allowed and the respondents are directed to post the remaining 46 persons promoted by Annexure -3 within a period of eight weeks from the date of production/communication of a copy of this order before respondent no. 3, Commissioner -cum -Secretary, Department of Welfare. As indicated earlier such posting may be conditional if required due to actual paucity of posts available for the promoted officials.

(3.) ON behalf of affected individual Executive Engineers it has been suggested on the basis of a circular of the Bihar Government dated 27.11.76 (Annexure -3) to the reply to counter affidavit in C.W.J.C. No. 8855/2000 that Departmental Promotion Committee is required to consider cases of promotion of eligible officers keeping in view the anticipated annual vacancies and thereafter a panel should be prepared of officers found fit for promotion which may be utilised for filling up the vacancies through out the year. Such a procedure no doubt is envisaged in the said circular contained in Annexure -3 to take care of possible delay in convening the meeting of Departmental Promotion Committee in the interest of Administration as well as in the interest of right of individual officers to get timely promotion. The concerned respondents should keep in view the guidelines contained in the aforesaid circular in all future transactions.