SONARAM MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The petitioner is seeking direction upon the concerned respondents for promotion to Grade-Ill from Grade-IV in respect of which, no final order has been passed for several years.

(2.) According to the petitioner, he was appointed on the post of Peon in the office of Kharkhai Bandh Pramandal No. 2 at Chaliyama in the District of Saraikella-Kharsawan and his services were made permanent on 14.11.1986. Subsequently, he was transferred to the office of the Executive Engineer, Quality Control Division, Chaliyama on the post of Peon in the year 1998 and again transferred to another division at Saraikella on the same post in the year 1998 itself. According to him, a reference was made by the Superintending Engineer vide Annexure-1 for consideration of the case of the petitioner along with few others for promotion to Grade-III from Grade-IV, it was followed by Annexure-2, letter of the Superintending Engineer, Research and Quality Control Circle, Adityapur, Jamshedpur dated 12.1.1990. According to him, though he has been appointed on the Grade-IV post but from the very beginning, the work of Grade-Ill post is being taken from him. In the year 2003, the Establishment Deputy Collector also sent letters to the Executive Engineer of the Rural Development Special Division, Saraikella for considering his case for such promotion, but no decision has not yet been taken.

(3.) However, from the statements made in the Supplementary Counter Affidavit filed by the Executive Engineer, Rural Development Special Division, Saraikella, it is evident that the Government has invested the power to the Chief Engineer to appoint and promote the persons to Grade-III and Grade-IV posts. As per the prevailing direction, the Chief Engineer has been empowered to promote the persons from Grade-IV to Grade-Ill after convening the meeting of establishment committee in the month of June and December every year. It is further stated that there are no rules for conducting examination for such promotion and such exercise is to be undertaken by the Establishment Committee headed by the Chief Engineer. Accordingly, it has been stated in paragraph-8 to the supplementary counter affidavit that the case of the petitioner would be placed before the Establishment-Committee and proper decision will be taken by the Chief Engineer, Icha, Galudih Complex, Adityapur, Jamshedpur. As per the subsequent Supplementary Counter Affidavit filed on 22.8.2012, it has further been stated that the matter has been referred to the Chief Engineer, Icha, Galudih Complex, Adityapur, Jamshedpur vide letter no. 982 dated 9.7.2012 and letter No. 659 dated. 24.5.2011.