BRAJ MOHAN KUMAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is filed for setting aside the order dated 07.11.2012 passed in W.P.(S) No.5828 of 2012 whereby the writ application of the appellant was disposed of with a direction that the objections filed by the appellant/petitioner and others shall be considered before finalizing the seniority list.

(2.) The facts of the case in brief as narrated by the appellant are that the appellant/writ petitioner joined the service as Assistant Engineer on 23.06.1987 and was promoted to the post of Executive Engineer on 31.08.1996 with effect from 20.06.1995 vide notification dated 31.08.1996. After bifurcation, State of Jharkhand prepared a final seniority list dated 15.02.2008 and the appellant was placed at Serial No.67. The appellant was considered for promotion to the post of Superintending Engineer by duly constituted promotion committee and the committee found the appellant eligible for promotion to the post of Superintending Engineer and the Jharkhand Public Service Commission vide letter no.178 dated 25.02.2010 sent its decision under sealed cover to the Water Resources Department. In the meantime the Hon ble Supreme Court in S.L.P. (Civil) No. 14895 of 2008 by an order dated 23.06.2012 directed to keep in abeyance the final seniority list dated 15.02.2008 and accordingly the authority kept the final seniority list in abeyance by order dated 23.08.2012. Subsequently the Hon ble Apex Court on 14.09.2012 modified the earlier order in S.L.P No.14895 of 2008 to the extent that the State may proceed to fill up the post keeping 11 post vacant for the petitioners in two S.L.P.

(3.) On 04.06.2012 a provisional cumulative seniority list of all the cadre was published by the Water Resources Department and the appellant was placed below in the list. The appellant challenged the same by filling a writ petition being W.P. (S) No.5828 of 2012 and the learned single Judge disposed of the writ application on 07.11.2012 with a direction to the department that the objection of the petitioner be considered before finalizing the seniority list. Challenging the order passed on 07.11.2012 the appellant filed the present appeal.