SANJAY KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned AAG for the State.

(2.) The petitioners were appointed on the posts of Senior Accounts Officer in the unified State of Bihar through the Bihar Sub-ordinate Service Commission, in the year 1989, and presently the petitioner Nos. 1 to 5 are posted as In-charge District Audit Officers in different districts of the State of Jharkhand and petitioner No. 6 is posted as Senior Audit Officer at Seraikell-Kharsawan. The petitioners are aggrieved by the fact that the persons, junior to the petitioners were promoted as Sub-Divisional Audit Officers, upon recommendation of the Departmental Promotion Committee in its meeting held on 29th of June, 2012, but the case of the petitioners were deferred due to non-availability of relevant documents, as per remarks indicated against their names in the proceedings of the Departmental Promotion committee. The order of promotion was also issued by the respondent No. 2 Registrar, Co-operative Societies on the same day vide memo No. 1434 dated 29.6.2012, as contained in Annexure-2 to the writ application. The claim of the petitioners is that the junior persons, who were promoted to the post of Sub-Divisional Audit Officers, are now going to be promoted to the post of District Audit Officers, but the cases of the petitioners have not yet been considered for promotion even to the posts of Sub-Divisional Accounts Officer.

(3.) By order dated 6.10.2015, passed in this case, learned counsel for the State was allowed to seek instructions in the matter and to file counter affidavit and it was made clear in the order that it would be open to the respondents to take decision in the matter of promotion of the petitioners depending upon satisfaction of all eligibility conditions by individual petitioners.