VIVEK KUMAR KARN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ application has been filed for quashing the order dated 27.09.2007, passed by the Chief Engineer, Central Design Organization, Road Construction Department, Ranchi (Respondent No. 3) whereby the representation of the petitioner for his promotion from the post of the Laboratory Attendant to the post of the Laboratory Assistant, filed in pursuance to the order dated 28.08.2007, passed in W.P. (S) No.1535 of 2007 has been rejected, solely on the ground of abolition of the post of the Laboratory Assistant after commencement of the Bihar Technical Service Rules, 1999. Further prayer has been made for direction to the respondents for promotion of the petitioner on the post of the Laboratory Assistant from the post of the Laboratory Attendant with effect from 27.03.1992 with all consequential benefits.

(2.) The brief facts, leading to filing of the writ application, are that the petitioner was appointed to the post of the Laboratory Attendant in the Road Construction Department and he joined the said post on 27.03.198 After bifurcation of the erstwhile State of Bihar, the service of the petitioner has been allocated to the State of Jharkhand vide office office order dated 24.03.2006 and the name of the petitioner as Laboratory Attendant found place at Serial No. 34, as evident from Annexure-2, thereafter, the petitioner was posted under the Planing and the Investigation Division, Road Construction Department, Ranchi and he was confirmed in the capacity of the Laboratory Attendant with effect from 27.03.1985 vide Office order dated 29.08.2006. It has been averred in the writ application that as per the Circular dated 14.04.1979, 50 per cent of the post of the Laboratory Assistants, who were matriculates with subjects of Mathematics or Science, were filled up from Laboratory Attendant as per Annexure-7 to the writ application. Subsequently, vide Circular dated 17.09.1980, there was slight modification of the Circular and the necessity of Mathematics or Science was waived vide letter dated 17.09.1980 (Annexure-8). It has been further stated that since inspite of submission of the Service records alongwith the educational qualification of Laboratory Attendant, who were Matric pass for consideration of promotion to the post of the Laboratory Assistants and representations before the competent authorities did not evoke any response, the petitioner knocked the doors of this Court by filing W.P. (S) No. 1535 of 2007, which was disposed of vide order dated 28.08.2007 with direction to the petitioner to file a representation afresh before the Chief Engineer, Central Design Organization, Road Construction Department and further directed the Chief Engineer to consider the claim of the petitioner and take a decision and pass a reasoned order in accordance with law. In deference to the direction of this Court in W.P. (S) No. 1535 of 2007, the petitioner submitted representation dated 13.09.2007 (Annexure-13) and the Respondent No. 3 vide letter dated 11.10.2007, passed the impugned order dated 27.09.2007, which is under challenge in this writ application. It has further been averred that vide Notification dated 08.11.1999, the Rule named as Bihar Technical Service Rules was framed under the proviso to Article 309 of the Constitution of India vide Annexure-15 to the writ application. Being aggrieved by the rejection of the representation of the petitioner for promotion to the post of the Laboratory Assistant, the petitioner left with no 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 on perusal of Rule 14 of the Bihar Technical Service Rules, 1999, which is a saving Clause, the petitioner was entitled for promotion to the post of the Laboratory Assistant with effect from 27.01992, prior to the commencement of the Rules, 1999 and accrued right and benefit of the Circular to the petitioner, which was holding the field for promotion from the post of the Laboratory Attendant to the Laboratory Assistant could not have been whittled down with retrospective effect. Learned counsel further submits that prior to commencement of the 1999 Rules, the process of consideration for promotion, has already commenced, therefore, the petitioner ought to have been considered for the post of the Laboratory Assistant for the vacancies existing prior to the said Rules. The learned counsel for the petitioner further submits that the rejection of the petitioner's representation on the pretext of promulgation of Bihar Technical Service Rules, 1999 is in breach of Articles 14 and 16 of the Constitution of India. In order to buttress his submissions, learned counsel for the petitioner has referred to the following citations :-