KAILASH RAJAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, a 1984 appointee on the post of Assistant Mining Officer, claims promotion to the post of District Mining Officer and also in the rank of Deputy Director, Mines. Contending that Jharkhand Mining Engineering Service Rules, 2011 would not take away the vested right for promotion which accrued before 2011 Rules became effective, the petitioner has questioned the legality of the impugned order dated 18.12.2013.

(2.) Heard.

(3.) The brief facts narrated in the writ petition are, that after his appointment on 26.07.1984 on the post of Assistant Mining Officer the petitioner was made In-charge-District Mining Officer vide Notification dated 11.12.1990 and Departmental Promotion Committee (DPC) in its meeting held on 04.11.1999 forwarded a recommendation for his promotion w.e.f. 01.10.1992 to the post of District Mining Officer, however, subject to concurrence of the Department of Personnel, which was not granted. After the bifurcation of the erstwhile State of Bihar, in the DPC held on 06.07.2002, in view of pending criminal case for offence under Sec. 366A/34 IPC, promotion to the petitioner was again kept pending. The petitioner has pleaded that vide judgment and order dated 24.11.2004 he was acquitted from criminal charges in S.C. Case No. 60 of 2000, still, he was not granted promotion from due date. It is pleaded that the Principal Secretary, Department of Mines and Geology, Government of Bihar in its letter dated 10.06.2009 forwarded a recommendation for promotion of six Assistant Mining Officers on the post of District Mining Officer, and in the said letter the petitioner was shown the senior most Assistant Mining Officer at Sl. No. 1. Not only that, in the seniority list of Assistant Mining Officer prepared by the State of Jharkhand also the petitioner has been shown senior most Assistant Mining Officer in SC category, however, he was deprived of promotion without any speaking order. Constrained, he approached this Court in W.P.(S) No. 3507 of 2010 for promotion on the post of District Mining Officer and for further promotion in the rank of Deputy Director of Mines with all consequential benefits. The writ petition was disposed of on 26.02.2013, with a direction to the Principal Secretary, Department of Mines and Geology, Government of Jharkhand to pass a speaking order on petitioner's claim for promotion. It is order dated 18.12.2013, whereby petitioner's claim for promotion has been declined, which has been assailed in the writ petition.