CHANDRA KISHORE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER is aggrieved by the notification contained in Memo No. 200 (S), dated 18.1.2001 issued by Deputy Secretary. Public Works Department (Road) by which petitioner has been posted as In -charge Engineer -in -Chief (Road). Public Works Department instead of posting him on the post of Engineer -in -Chief -cum - Additional Commissioner -cum -Special Secretary on which post petitioner had been working in the State of Bihar.

(2.) PETITIONERS case is that before the impugned notification was issued and before transferring his services from the State of Bihar to the State of Jharkhand, he was posted as Engineer -in -Chief -cum -Additional Commissioner -cum -Special Secretary in the Public Works (Road) Department. It is stated that the Government of Bihar took a decision and declare the post of Engineer -in -Chief -cum -Additional Commissioner -cum -Special Secretary of the Public Works Department as equivalent to the post of Commissioner and redesignated the post as Engineer -in -Chief -cum -Additional Commissioner - cum - Special Secretary in the Public Works Department vide Government resolution dated 14.4.1981. In the month of November 2000 pursuant to the division of the existing State of Bihar the services of the petitioner along with the post of Engineer -in -Chief -cum -Additional Commissioner -cum -Special Secretary was transferred to the State of Jharkhand vide notification dated 18.11.2000. Petitioner submitted his Joining in the State of Jharkhand vide notification dated 18.11.2000 issued by the existing State of Bihar. Petitioner submitted his joining In the State of Jharkhand and started discharging duties "and functions as Engineer -in -Chief - cum -Additional Commissioner -cum -Special Secretary. The Government of Jharkhand by impugned notification dated 18.11.2000 posted the petitioner as in -charge Engineer -in -Chief (Roads) in the Public Works Department under the Government of Jharkhand till further order.

(3.) THE stand of the respondents in the counter -affidavit is that the Government was not in a position to award the petitioner with the regular promotional highest technical post of Engineer - in -Chief because of the fact that petitioners regular promotion to the post of Engineer -in -chief was not approved by the Bihar Cabinet. It is further stated that the Stale of Jharkhand will consider the petitioners claim to the post of Engineer -in -chief - cum - Additional Commissioner -cum -Special Secretary, provided it is approved by the Bihar Government. As soon as the petitioner gets his promotion on regular basis, the Government would consider his claim.