PHILIP MARIANUS TOPPO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER in this writ petition has prayed for a direction on the respondents to accept his joining in pursuance of notification No. 1168(s) dated 20th March, 2006. The petitioner, who was waiting for posting, has been posted as Incharge Engineer -in -Chief, Road Construction Department, Govt. of Jharkhand, Ranchi.

(2.) FROM the notification dated 20th March, 2006 it is evident that the petitioner is a Superintending Engineer. It has not been made clear as to how he has been given the charge of the 2nd higher post of Engineer -in -Chief, there being a post of Chief Engineer in between the posts of Superintending Engineer and Engineer -in -Chief. It is also not clear as to whether the petitioner is the senior most Superintending Engineer, who only can be given the charge of the higher post of Engineer -in -Chief.

(3.) IN the facts and circumstances, no specific direction can be issued by this, Court for accepting the joining of the petitioner as Engineer -in -Chief. However, taking into consideration the fact that the petitioner was waiting for posting and has not been paid his salary, the case is remitted with a direction to the Secretary, Road Construction Department, Govt. of Jharkhand, Ranchi, who will bring the aforesaid facts to the notice of the State of Jharkhand and, if so required, will issue appropriate notification of his posting and will accept the joining of the petitioner thereafter to ensure payment of salary for the period, he was waiting for posting. The Secretary, Road Construction Department, Govt. of Jharkhand, Ranchi will also decide why a senior most member of the Engineering Services Class I be not given charge of the higher post of Engineer -in -Chief, a solitary Ex. Cadre post, keeping in mind that single post can not be reserved for one or other category.