PRAMODKUMARPANKAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present writ application, the petitioner prays for quashing of the criteria fixed for consideration within 3% special quota, as contained in the order issued by the Joint Secretary contained in Human Resources Department's memo No. 4036 dated 22nd December, 1992 (annexure 11) and the revised seniority list of Junior Engineers attached thereto as well as the order of promotion pursuant to the said seniority list made during the pendency of the writ application by notification dated 6th April. 1993, contained in annexure 16 to the amendment petition filed in behalf of the petitioner.

(2.) Briefly stated the facts in the present case are that the petitioner was initially appointed in the Bihar Subordinate Engineering Cadre on the post of Junior Engineer on the temporary basis vide the order dated 25-1-79 contained in annexure 1 and he joined as such on 2-2-79. Later, on 13-1-87 his service as Junior Engineer was regularised on the basis of the recommendation of the Bihar Service Commission in the light of the Bihar Ordinance No. 32/86 dated 29th October, 86, vide order, contained in memo No. 289 dated 13-1-87 (annexure 2). The Government in the Public Works Department, vide resolution No. 947 dated 17-1-79 (annexure 3) resolved to fix quota for promotion in the Bihar Engineering Service Class II for such Junior Engineers of the works Department, who in course of his service acquired degree in Engineering or passed its ' equivalent examination. By the said resolution the State Government decided that 3% of the enhanced cadre of the Asst. Engineers from 31-12-73 as against the prescribed quota meant for appointment by direct recruitment on the post of Asst. Engineers in the Bihar Engineering Service Class II shall be treated as promotion quota for such junior Engineers who have obtained degree in Engineering or has passed the equivalent examination. Further it provides that in case as per the mathematical calculation number of such Junior Engineers are found to be less or such Junior Engineers are not available for promotion, the Govt. will be entitled to relax the said quota and such vacancy shall not be carried forward to future years and be filled by direct recruitment for which the Government decision shall be obtained before making the appointment. It also provides that the said benefit for promotion of such Junior Engineers shall be available only if one acquires the qualification during his errvice career and has completed five years of minimum service. As per the said resolution the promotion as against the said quota is to be made on the basis of inter se seniority which shall be determined after obtaining the opinion of the Personnel Department.

(3.) The petitioner was given first time bond promotion, vide order dated 27-8-90, contained in annexure 6 with effect from 22-1-89. The petitioner in the meantime, had applied for grant of leave of three years for higher studies which was granted vide order dated 23-8-89 contained in annexure 7. The petitioner passed the final examination of the degree of B. A. in the first Division in 1992 from Nagpur University. A photo copy of the Provisional certificate in this regard, which was granted from the University on 30-7-92 has been annexed as annexure 8 to the writ application. Vide letter dated 30-4-92, contained in annexure 9 the biodata of such Junior Engineers who during his service tenure acquired the qualification of degree in Engineering or A. M. I. E. were called for by the Government and the petitioner claims to have furnished the details on 17-8-92 vide annexure 10. On 10-9-92 a tentative list of such Junior Engineers was published and the same was finalised vide impugned list dated 22-12-92, contained in annexure 11/1. According to the petitioner, no fixed criteria was adopted in preparing the said list, contained in annexure 11/1 and he was placed in the said list even below his juniors. He filed representation objection on 12-1-93, but when he learnt that the cases for promotion were being considered on the basis of the said list, he filed the present writ application 11-3-93 which was for the first time heard for admission on 29-3-93 when it was adjourned for 15th April 93 to enable the learned G. P. to take in instructions in the matter. Further this Court passed order that "any action taken by the respondents will be subject to the result of this writ application." Later, at the request of the G. P. 1 the matter was again adjourned for 6tb May, 93. In the meantime, as the order of promotion contained in annexure 16 was issued on 6-4-93 during the pendency of the writ application an amendment application was filed annexing the said order as annexure 16, which has also been impugned in the present writ application.