RAJ KUMAR PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the captioned writ application, the petitioner has interalia prayed for direction upon respondents to reconsider the case of the petitioner for promotion on the post of Functional Project Manager by quashing the order dated 31.03.2011 being contrary to the provision of Bihar/Jharkhand Industries Service Cadre Rule, 1987 and the law laid down by the Hon'ble Apex Court.

(2.) The brief facts as has been disclosed in the writ application is that initially the petitioner was appointed on the post of Junior Statistical Assistant on the recommendation of Bihar Subordinate Service Selection Board by the order of the competent authority and in pursuance to such appointment, the petitioner joined in the year, 1990. In the year, 1998 the petitioner was promoted on the post of Economic Investigator which was effective from 1993. Bihar Industries Services Rule 1987 was enacted under Article 309 of the Constitution of India which regulates the conditions of appointment and promotion etc. of the Functionaries/Personnel of Industries Department in the erstwhile State of Bihar which was adopted by the State of Jharkhand in terms of provisions of Bihar Reorganization Act, 2000. It has been averred in the writ application that the respondent nos.4 and 5 have been given promotion ignoring the seniority of the petitioner to the post of Manager though their initial appointment was in the year, 1995. Being aggrieved by the supersession, the petitioner approached this Court in W.P.(S) No.5677 of 2010 for promotion on the post of Functional/Project Manager and the said writ petition was disposed of vide order dated 11.01.2011 with liberty to the petitioner to file a fresh representation before the Secretary, Industry Department, Government of Jharkhand who, on the said representation, was directed to consider the claim of the petitioner and pass appropriate order in accordance with law and in pursuance to the aforesaid order, the impugned order vide Annexure-10 to the writ petition, has been passed which has been sought to be quashed in this writ petition. Being aggrieved by the said order vide Annexure-10 to the writ petition, the petitioner left with no other alternative, has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievances.

(3.) Learned counsel for the petitioner has strenuously urged that the action of the respondents in considering the case of juniors to the petitioner, for promotion on the post of Functional Managers/Assistant Directors and other equivalent posts inspite of seniority of the petitioner in Schedule-IV of the Bihar Industries Services Rule, 1987 amounts to discrimination. Learned counsel for the petitioner by referring to reply of the counter-affidavit dated 01.02.2018 has submitted that the letter dated 28.07.2009 vide Annexure-5 to the writ application is in violation of relevant provision of Rule 11 and 15 of the Bihar Industries Cadre Rules, 1987 and any deviation from the statutory provisions is impermissible as per the order of this Hon'ble Court as reported in 2008(1) JLJR 154.