BIHAR MINING ENGINEERING SERVICE Vs. STATE OF BIHAR

JUDGEMENT

(1.) SHORN of verbiage, the petitioners ' objection is to the posting of employees/officers of the Geology Directorate, even on adhoc basis or as working arrangement, as Assistant Mining Officer or Deputy Director, Mines that, according to them, are posts belonging to the Directorate of Mines.

(2.) PETITIONER No. 1 before the Court is described as Bihar Mining Engineering Service Association; it is represented through its General Secretary. Petitioners 2 and 3 are individual employees. Petitioner No. 2 was posted as Mining Inspector, District Mining Office, Patna and petitioner No. 3 as Assistant Mining Officer (Incharge), District Mining Office, Purnea. They seek to challenge, a few, among a series of notifications, dated 28.10.2005 by which a number of employees/officers of the Mining Department were posted at different places. The petitioners are aggrieved by notification Nos. 2055M, 2056M, 2058M, 2059M and 2060M. By notification No. 2055M, respondent No. 6 who was posted as Incharge, Deputy Director, Geology, Muzaffarpur Circle was given the additional charge of the Deputy Director, Mines, Muzaffarpur. By resolution No. 2056M, respondent No. 7 who was posted as Incharge Deputy Director, Geology, Bhagalpur Circle, Bhagalpur was given the additional charge of Deputy Director, Mines, Bhagalpur. By the other three resolutions coming under challenge, respondents 8, 9 and 10 who were Geologists were posted as Assistant Mining Officers at Gaya, Purnea and Aurangabad respectively. All the postings were made in administrative exingencies and till further orders.

(3.) ON behalf of the petitioners, it is stated that in the Department of Mines, there are two separate directorates of mines and geology. The hierarchy of posts in the Directorate of Mines is (i) Assistant Mining Officer, (ii) District Mining Officer, (iii) Deputy Director, Mines, (iv) Additional Director, Mines & (v) Director of Mines. It is further stated that appointment as Assistant Mining Officers was made either by direct recruitment or by promotion from Mining Inspectors, the post immediately below it, in certain ratio that underwent some changes from time to time.