PARMANAND PASWAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this court with a prayer for quashing the notification as contained in memo no. 4601/Ranchi, Dated 22.11.2010 issued by Under Secretary, Department of Water Resources, Government of Jharkhand, whereby promotion granted to petitioner and several others by the State of Bihar, Department of Water Resources, with effect from 01.01.1998 vide notification no. 2525, dated 17.06.05, issued by Deputy Secretary, Department of Water Resources, Government of Bihar, has been canceled. Factual Matrix:

(2.) The petitioner was appointed on 03.08.1989 as a Junior Engineer, water Resources Department in Government of Bihar. It has been stated that the petitioner having unblemished service record has been considered and granted promotion in the year 1998 much before the bifurcation of the State of Jharkhand from the erstwhile State of Bihar but the final allocation of the cadre of the staff of Water Resources Department took place between Jharkhand and Bihar in the month of October, 2004 and the petitioner was allocated Jharkhand Cadre.

(3.) It has been further stated that Government of Bihar, Department of Water Resources vide notification no. 654/Patna, dated 25.01.2002, promoted altogether 63 Diploma holder Junior Engineer (Civil), independent charge and posted with effect from 25.01.2002, and the copy of said notification has also been sent to Secretary, Water Resources Department, Government of Jharkhand with a direction to post all such diploma holder Junior Engineer as all such 19 as Assistant Engineer (Civil) as Independent charge. Department of Water Resources, Government of Jharkhand vide notification no. 2286, dated 200502, the petitioner and several other Diploma Holder Junior Engineers (Civil), have been given independent current charge and posted as Assistant Engineer (civil) in their own pay scale. The name of petitioner was at Serial No. 16, who has also been posted as Assistant Engineer. The petitioner along with other Junior Engineers were considered for promotion to the post of Assistant Engineer with effect from 01.01.1998 vide notification no. 2525/Patna, dated 17.06.05 issued by Water Resources Department, Government of Bihar in which the name of petitioner finds place at serial no. 56 out of 70 Junior Engineers who were promoted to the post of Assistant Engineer with effect from 01.01.1998. The counterpart of the petitioner in Water Resources Department, Government of Bihar were all granted promotion to Junior Engineers and monetary benefits was granted with effect from 01.01.1998.