MURARI BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Jitendra Singh, the learned Senior counsel assisted by Ms. Amrita Sinha, the learned vice counsel appearing on behalf of the petitioner and Mr. Mukesh Kumar Sinha, the learned counsel appearing on behalf of the respondent State. Top

(2.) This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

(3.) The petitioner has preferred this writ petition to declare that the petitioner has been promoted to the cadre post in Engineer-in-Chiefcum-Additional Commissioner-cum-Special retary, Road Construction Department, Government of Jharkhand as per the provisions of Jharkhand Engineering Services Recruitment Rules, 2016 [hereinafter to be referred to as the Rules, 2016] from the feeder post Chief Engineer, Road Construction Department, Government of Jharkhand, Ranchi and not within non-existent post of Engineer-in-Chief. The further prayer is made to declare the petitioner as entitled for the above said promotion to the cadre post of Engineer-in-Chief-cum-Additional Commissioner-cumSpecial Secretary, Road Construction Department, Government of Jharkhand, Ranchi and the applicable decision of the State of Jharkhand from the due date i.e. 24.12.2019 and not from 08.07.2020 as has been notified by the notification dated 08.07.2020 contained in Annexure-11. The prayer for consequential benefit is also made in the writ petition.