BIRAN ORAON Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) By way of the present writ petition, the petitioner is seeking directions to the respondents to refix the pension of the petitioner and to consider the claim of the petitioner for promotion as per Rules of 1943 with effect from due dates as Head Draftsman, Circle Head Draftsman and Sub Divisional Engineer and to award the culminating benefits along with interest @ 12% p.a.

(2.) The petitioner was appointed as Assistant Drafts Man (Civil) on 17.6.1977 and retired from service on 31.1.2008. At the time of his appointment, Punjab Public Works Department Building and Roads Branch Draftsman and Tracers Service (Recruitment and Conditions of Service) Rules, 1943 (hereinafter referred to as 'the 1943 Rules') were applicable. As per Rule 8, the members who were appointed by way of direct appointment shall remain on probation for a period of two years. The petitioner being a direct appointee was to remain on probation for a period of two years. As per 1943 Rules, the petitioner was entitled for next promotion as Head Draftsman in the year 1979 after completion of period of two years as there were approximately 45 posts of Head Draftsman available at that time and only one Head Draftsman in the category of petitioner i.e SC, Sh. Totru Mal was working. The Department as per Instructions of the year 1976 (Annexure P-2) took a decision to promote Assistant Draftsman to the post of Head Draftsman with an experience of five years. The instructions (Annexure P-2) were contrary to the statutory Rules. Further as per the Instructions dated 9.2.1979, 20% posts will be filled up from scheduled Castes Category with respect to Class-III and Class-IV posts. Vide office order dated 30.4.1981, Sh. Om Parkash Verma, P.C Jain, Sanyogta Sharma, Smt. Vinod Bala, Sh. Suresh Chander, Hari Chand, Bal Krishan and Madho Dass Arora were promoted as Head Draftsman. Similarly vide office order dated 26.2.1982, Sh. Ramesh Chander, Sh. Kesar Dass and Sh. Moti Lal Gulati were promoted. The petitioner was not considered for promotion to the post of Head Draftsman as he did not had five years experience as Assistant Draftsman. The petitioner was promoted vide order dated 31.7.1982 (Annexure P-4) as Head Draftsman against the Rules of 1943 as per which he could have been promoted way back in the year 1979.

(3.) In the year 1983, Haryana Public Works Department (Public Health Branch) Draftsman and Tracer Group 'C' Rules, 1983 were framed and Rule 18 dealing with the reservation aspect is as under:-