TAPESHWAR CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned Counsel appearing for the Petitioner submits that the Petitioner was appointed as Junior Engineer in the State of Bihar on 30.4.1983. In spite of rendering services to the satisfaction of the authorities, when the Petitioner was not promoted to the higher post, he moved an application before this Court, vide W.P.(C) No. 3538 of 2002 for a direction to the Respondents authority to consider the case of promotion of the Petitioner. In that case, it was placed before this Court that a decision is to be taken by the State of Bihar with the consent of the State of Jharkhand, as the cadre has not been bifurcated. The case was disposed of directing the Secretary, P.H.E.D, Government of Jharkhand to take a decision on the request letter dated 13.2.2002 received from the Secretary, P.H.E.D, Government of Bihar relating to promotion of the Petitioner and others.

(2.) Pursuant to that, concurrence was given by the State of Jharkhand for taking decision in the matter of promotion of the Petitioner. Upon which Vigilance clearance was taken from the Bihar Public Service Commission and only on that basis, the Petitioner was promoted to the post of Executive Engineer vide Notification No. 9205 dated 11.12.2002 by the State of Bihar. Thereupon, the Petitioner started discharging his duty on the promoted post in the territory of State of Jharkhand but all on a sudden, the Respondents came with an order dated 4.9.2010, as contained in Annexure-6, whereby the promotion given to the Petitioner earlier by the State of Bihar was cancelled on the ground that on the appointed day i.e. 15.11.2000, quota, meant for Scheduled Castes to the extent of 10%, was full and as such, no vacancy has been existing against the Scheduled Caste category. The said order has been challenged to be bad.

(3.) Learned Counsel further submits that from a Circular, issued by the Central Government, it is evident that the cadre Controlling Authority in respect of officers provisionally posted in the State of Jharkhand would be the State of Bihar until final allocation is made and further the clarificatory order, as contained in Annexure-A to the counter affidavit filed on behalf of the Respondent No. 2, stipulates that the State of Bihar is competent to take decision in the matter of promotion to the extent of 60% of the total vacancy, which falls to the share of the State of Bihar and thus, this clarificatory order fully establishes that the State of Bihar was the Competent Authority to take decision in the matter of promotion after seeking consent from the State of Jharkhand which had already been given by the State of Jharkhand and under that situation, it was not within the competence of the State of Jharkhand to withdraw that order under which promotion was given to the Petitioner.