BIRENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed this writ application for quashing the order of ad hoc promotion of respondent no. 7 dated 13.12.1995, Annexure -11, the order of interchange of roster point no. 2 to roster point no. 4 dated 12.3.1993, Annexure -4, the order rejecting representation of the petitioner dated 19.12.1995, Annexure -14, and also for issuance of a direction to the respondents to consider the case of the petitioner for promotion to the post of Electrical Superintending Engineer in the vacancy at roster point no. 2 meant for the members of the Scheduled Castes.

(2.) THE petitioner is a member of Scheduled castes and respondent no. 7 is a member of scheduled tribes. Roster point no. 2 was for scheduled castes and roster point no. 4 was for scheduled tribes. The petitioner was appointed as Asst. Electrical Engineer, Energy Department, Government of Bihar vide notification dated 6.8.1981. He was confirmed on 5.8.1986. Respondent no. 7 was appointed Executive Engineer in the year 1981. 'Kalawadhi' for promotion of an Asst. Engineer to the post of Executive Engineer has been fixed 8 years for general category candidates and 7 years for scheduled castes and sche4uled tribes category candidates. Vide order dated 23.9.1987, Annexure -3, 'Kalawadhi' of the petitioner and three others was reduced. However, the same was not acted upon. The petitioner was promoted as Electrical Executive Engineer with effect from 17.1.1989. 'Katawadhi' for promotion of Executive Engineer to the post of Electrical Superintending' Engineer was 7 years for general category candidates and 6 years for scheduled castes and scheduled tribes category candidates. According to the reduced 'Kalawadhi' Annexure -3, the petitioner completed 'Kalawadhi' for promotion as Electrical Superintending Engineer in August, 1993 and according to the actual date of promotion of the petitioner as Electrical Executive Engineer on 17.1.1989, he completed 'Kalawadhi' for promotion as Superintending Engineer on 17.1.95.

(3.) THERE were two cadre posts of the Superintending Engineer in the Department, Out of two cadre posts of Superintending Engineer one post was filled up and one Sri Binod Shankar was promoted as Superintending Engineer, a candidate of general category on 29.4.1987. The remaining one post was at roster point no. 2 meant for Scheduled castes. The State Government vide order dated 12.3.1993, Annexure -4, inter -changed the vacancy at roster point no. 2, meant for Scheduled castes with roster point no. 4 meant for scheduled tribes which according to the petitioner was against the provisions of the Bihar Reservation of vacancy in post and services (for Scheduled castes, scheduled tribes and other backward classes) Act, 1991 (hereinafter to be referred to as the Bihar Reservation Act, 1991).