SHIV LAL RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) LEARNED counsel for the petitioner submitted that the petitioner is a senior most Executive Engineer and his next promotional posts are Superintending Engineer, Chief Engineer and Engineer -in -Chief respectively, but, no promotion has been given to the petitioner and today his junior is working as Incharge Superintending Engineer. There are total six persons, who are working as Incharge Chief Engineers and no regular promotion has ever been given by the respondent -State and, therefore, the petitioner is loosing chance of promotion and in due course without getting promotion, he may retire or may reach the age of superannuation.

(2.) LEARNED counsel for the State is seeking time to file counter affidavit.

(3.) IN W.P. (S) No. 1866 of 2012 vide order dated 29th June, 2012, this Court has pointed out in detail the case management to be followed by the State. Every now and then, the State of Jharkhand is seeking adjournment. In Clause IV of the National Litigation Policy, floated by the Central Government, it has been observed by the Central Government that time and again the Government counsels are taking adjournments. National Litigation Policy has been followed by the Jharkhand State and they have also published their own State Litigation Policy. A detail case management has been pointed out in W.P. (S) No. 1866 of 2012 vide order dated 29th June, 2012. No care has been taken by the lethargic officers of the State for filing their counter affidavit. In the present writ petition, despite the memo of the writ petition was served to the office of the Advocate General on 29th June, 2012, till today, no counter affidavit has been filed. Learned counsel for the State has also pointed out that a letter has been written from the office of the Advocate General on 4th July, 2012 to the Principal Secretary, Water Resources Department, State of Jharkhand, but, no instruction has been received by them, therefore, they are unable to file any reply. The lethargic officer of the State has created such a situation that every now and then the counsel appearing on behalf of the State, is seeking adjournments. What are the steps to be taken after receiving the memo has been narrated, in detail, in the aforesaid order dated 29th June, 2012.