FEROZ-UD-DIN Vs. STATE

JUDGEMENT

(1.) THE petitioners are the employees of the Geology and Mining Department and were sent on deputation to the power Development Department in the year 1972, retaining their seniority and lien in their parent department. In the year 1979, vide order No : C -A Dm/ DGN/60 -111 dated: 4 -9 -1979, they were promoted to the next higher grades in their parent department. The said promotions were made on Performa basis, as they were on deputation .The borrowing department, however, neither gave them the benefit of their promotions and nor reverted them to their parent department, to enable them to earn such benefit. They made various representations in this behalf, which were not considered. The respondent Nos 1 too made a couple of recommendations in their favour to respondent No. 1, but that too, proved of no avail, Hence this writ petition.

(2.) THE respondents were noticed. They appeared through a Government Advocate. Despite repeated opportunities, no reply affidavit was filed by them.

(3.) HEARD the learned counsel for the parties From the perusal of annexure "A" to the writ petition. It is proved that the petitioners were promoted by the Geology and Mining Department to the next higher grades respectively, which was, however, made on proforma basis as they were on deputation to the power Development Department. The persual of Annexure "C" shows that the respondent No 3 -Chief Engineer concerned) made a recommendation in favour of the petitioners for upgrading their posts in the borrowing Deportment so as to get the benefit of the promotions; earned by them in their parent department, or in the alternative reverting them to their parent department for reaping the benefit of their promotions. The perusal of Annexure "D" shows that the Chief Engineer made a recommendation second time also. Depite all this the grievance of the petitioners was not redressed by the respondents 1 and 2. The perusal of Annexure "E" shows that one Sona -ullah, similarly circumstanced fellow was given the benefit of the promotion by the borrowing department. The perusal of annexure "F" shows that the respondent No. 1 has been upgrading the posts from time to time, to give benefit of promotion to the deputationists.