AWAR ABHIYANTA SANGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. Chandrashekhar, Senior Advocate on behalf of the petitioner and Mr. B.S. Lal Additional Advocate General.

(2.) IN this writ application the petitioner has prayed for quashing all the appointments/postings of Assistant Mining Officers from different cadres of Geologists including the private respondents No. 5 to 9.

(3.) IT appears that the Government of Bihar after due deliberation took a policy decision vide resolution dated 27.8.1998 to amalgamate Mines Directorate and Geology Department as Directorate of Mines and Geology for better utilization of the strength of the officers and employees. The undivided State of Bihar further resolved that the officers of Geologists Cadre having equivalent post will be posted on the post of Additional Directorate and equivalent post. It is stated in the counter affidavit that after the creation of Jharkhand State the cadre division has not been finalized. Once the cadre division is finalized the Government of Jharkhand will consider to bring both the directorate under one command. The Government of Jharkhand is also not in a position to determine seniority and to consider promotion till the cadre division is not finalized. In my view, therefore, it is high time the Government should lake a final decision in the matter of cadre division of these two Directorate and after cadre division a seniority list is to be published and process for promotion is to be taken up according to the policy decision of the Government. All these processes must be completed within a period of three months from the date of production of copy of this order. Needless to say that while taking up the matter of promotion the cases of the members of the petitioners -association shall also be considered in accordance with law.