SURESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Ritu Kumar, learned counsel appearing for the petitioner, and Mr. Suraj Pakash, learned JC to SC Mines, appearing for the State.

(2.) This writ application has been filed by the petitioner with a prayer to quash the letter No. 4113 dated 26.9.2006 (Annexure-10), issued under the signature of the respondent No. 3, by which the claim of the petitioner for Assured Career Progression has been rejected. The petitioner has also prayed for a direction upon the respondents to immediately and forthwith grant to promotions to the petitioner in pursuance of the scheme of Assured Career Progression on completion of 12 and 24 years with all consequential benefits with interest and place the petitioner in the pay scale of Rs. 14,300-Rs. 18,300.00 instead of Rs. 10,000-Rs. 15,000.00 and other relief.

(3.) The brief facts, involved in this case, are that the petitioner being a diploma holder was appointed on the post of Junior Engineer on 30.12.1966. During the service career, the petitioner after due sanction and approval of the Competent Authority, enhanced his educational qualification and obtained a Degree in Engineering and as per the prevalent rules and circular of the Government, on completion of five years of service, the petitioner became entitled for appointment by way of promotion under 3% quota and as such, he was appointed by way of promotion on 29.1979. It is the case of the petitioner that his upgradation on enhancement of educational qualification and on completion of the minimum qualified tenure of five years of service was not a regular promotion rather the appointment by way of promotion. It has been averred in the writ application by the petitioner that no departmental proceeding or criminal case has been pending against the petitioner meaning thereby the petitioner was not otherwise ineligible for the benefits of Assured Career Progression. It is also contended that the petitioner has not been granted any regular promotion during his service tenure of 12 to 24 years. The petitioner has been refused the benefits of one Assured Career Progression on completion of 12 years of service and he has been granted only one Assured Career Progression on completion of 24 years of service and has been placed in the scale of Rs. 10,000-15,200.00.