NAGENDRA KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY the Court. - -Heard Mr. Jai Prakash. senior advocate assisted by Mrs. Chaitali C. Sinha, on behalf of the petitioner, and Mr. Niranjan Singh, on behalf of the Zila Parishad. The State counsel is also present. Pleadings are complete and, as agreed between the respective learned counsel, the writ petition is decided finally.

(2.) PRAYER in the instant writ petition is for quashing the order dated 19th December, 2009 (Annexure 13) issued by respondent No. 4, served upon the petitioner on 25th January, 2010. whereby the order of promotion of the petitioner from the post of Junior Engineer to Assistant Engineer dated 11th February, 2009 (Annexure 12) stands cancelled.

(3.) THE submission is that the Junior Engineers shown from serial Nos. 1 to 8 have no claim for promotion to the post of Assistant Engineers as they have either retired or promoted. The person placed immediately above the petitioner le. Bhagwan Singh was promoted in the clear of one of the Assistant Engineers out of three posts of Assistant Engineer existing in the Zila Parishad, Dhanbad. He has further been promoted to the post of District Engineer and thus the clear vacany came in existence. The petitioner was granted promotion as Assistant Engineer in the Zila Parishad by virtue of an order dated 11th February, 2009 (Annexure 12). The submission is that he was continuing on the said post without any complaint, but suddenly he was served with an order dated 19th December, 2009, Annexure 13 to the writ petition, quashing the order of promotion on the post of Assistant Engineer. The reason given is that promotion of the petitioner as Assistant Engineer was held to be illegal, and consequentially, it was quashed. The petitioner was reverted on the post of Junior Engineer.