SANJEEV KUMAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, who was working as Inspector of Mines, was promoted to the post of Assistant Mining Officer. The petitioner was allocated Jharkhand cadre and given posting of Inspector of Mines Therefore he filed writ petition being W.P.(S) No. 3287/2005 for a direction to consider the case of regular promotion to tin higher grade of Assistant Mining Officer with effect from 29.1.2001. In pursuance of the subsequent orders, he was granted promotion but without giving any effect to the earlier order of promotion. The matter was referred to Law Secretary and Advocate General for opinion; then the Mines Secretary ordered for placing the matter before the Departmental Establishment Committee for approving the promotion. Since no order is passed by the Establishment Committee, writ petition has been filed by the petitioner in W.P.(S) No. 3287/2005. The final order was passed by this Court on 10.7.2007 directing the Establishment Committee to pass an order of approved and further directed for posting and payment of salary. Despite the order parsed by this Court, the Establishment Committee has rejected proposal.

(2.) ACCORDING to the respondents, the meeting of the Establishment Committee has been held on 10.8.2007 as per the order passed by this Court on 10.7.2007. The Establishment Committee took a decision that the petitioner cannot be promoted and order to that effect has been issued on 31.8.2007.

(3.) ADMITTEDLY the above observations were not given due consideration by the Establishment Committee, while passing the order dated 31.8.2007 Hence, it is clear that the order dated 10.7.2007 has not been obeyed.