RAKESH KUMAR BHAT Vs. STATE

JUDGEMENT

(1.) PETITIONER was initially engaged as a daily rated worker in January 89. Thereafter, he was placed in the regular scale of Rs. 2250 -3200/ - and given the post of Helper. This was done by the competent authority vide order dt. 30th of April01. Petitioner was also granted In -Situ promotion vide order No. DC/PD/Adm -II/283 of 2004 dt. 11th of June04. Thereafter vide Order No. DC/PD/Adm -III 376 of 2005 dated 12th of Sept05, passed by respondent No .2, the petitioner was promoted to the post of Junior Assistant (State Cadre) in the pay scale of Rs. 3050 -4910 against an available vacancy.

(2.) THE grievance of the petitioner is that vide impugned order dated 17th of Feb06, passed by respondent No.2, the earlier order dt. 12th of Sept05, whereby the petitioner was promoted to the post of Junior Assistant, has been rescinded. It is stated that this has been done without any show cause notice to the petitioner and no opportunity of being heard has been provided to the petitioner before passing the order impugned. It is this order which is subject matter of challenge in the present petition.

(3.) ON notice, objections have been filed by respondents stating therein that the promotion of the petitioner to the post of Junior Assistant was made without the approval of the State Level Departmental Promotional Committee, and due to the said reason the order of promotion of the petitioner has been rescinded.