BIRENDRA KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER filed this writ petition for direction on the respondents to promote him to the post of Deputy Chief Inspector of Factories (Productivity) (DCIF (P) for short) as he has been performing all the duties of such post and was only eligible person having requisite qualification for such post, which was also lying vacant for a long time.

(2.) MR . B.P. Pandey, learned senior counsel appearing for the petitioner submitted that petitioner is in service for 25 years but he has not been granted his due promotion. He submitted that petitioner is B.Sc. (Engg.) Production. Relying on certain orders of Patna High Court, he submitted that though the said orders were passed in the matters of transfer but this Court observed that Government may be well advised to give posting befitting academic qualification. He further submitted that the post of DCIF (P) has been renamed as 'Deputy Chief Inspector of Factories, Dumka' and petitioner being the only person having the qualification of Production Engineering, should be posted on the said post.

(3.) IN reply, learned Counsel for the petitioner, submitted that petitioner objected to the said transfer, also on the ground that there was no sanctioned post for Production Officer at the transferred place. Petitioner was appointed as Productivity Officer but he was made to work as Inspector of Factories, to which he had no choice. He further submitted that the said representation of petitioner was rejected and he was posted as Productivity Officer on the ground that he had qualification of Production Engineering. He further submitted that in any event the said things said objecting to the transfer, are not relevant for deciding this case. He further submitted that the interpretation put forward by the respondents to the notification dated 6.3.2006 (Annexure -A to the supplementary affidavit filed on 31.8.2000), is not correct.