RAJESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioner has prayed for a direction on the Respondents to consider the Petitioner's claim for regular promotion on the post of Executive Engineer and also for giving him the benefit of second ACP on completion of 24 years of service on 9th August, 1999.

(2.) It has been stated that the Petitioner was appointed as Assistant Engineer on 10th January, 1975. Subsequently, he was made Executive Engineer in current charge with effect from 5th May, 1998, but the Respondents, in spite of the Petitioner's eligibility in accordance with the prescribed rules, have not granted him regular promotion to the post of Executive Engineer. Benefit of second ACP has also not been given to him.

(3.) The Petitioner had earlier moved this Court in WP (S) No. 5724 of 2008 and this Court had directed the Respondents to consider the Petitioner's claim and take final decision. The Secretary, Water Resources Department, thereafter, had passed the order and the same was issued vide Memo No. 245 dated 22nd January, 2010, whereby the Petitioner's claim for promotion and the benefit of ACP have been rejected on the ground of pendency of a criminal case against him.