ANIMESH TETARWAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The facts of the case in short is that petitioner was initially appointed in the erstwhile State of Bihar on the post of Tracer in the District Industry Centre, Giridih in the year 1993. Thereafter, he was posted at several places in the State of Bihar and Jharkhand and was entrusted with the duties of Clerks. After bifurcation of the States, he was allocated the State of Jharkhand and presently he is posted at the District Industry

(3.) Mr. P.A.S. Pati, learned counsel appearing for the petitioner strenuously urges that the respondents have illegally and arbitrarily not included the two posts i.e. the posts of Tracer and Receptionist in the cadre of Clerks and the same is highly prejudicial to the service career of the petitioner. Learned counsel further submits that the State of Bihar has already recognised these two posts as a Clerical posts. Learned counsel further submits that this anomaly is also against the Bihar Reorganisation Act, 2000. Learned counsel further submits that any policy whereby all promotional avenues in respect of a category of employee for all times to come, cannot be nullified and the same would be hit by Art. 16 of the Constitution of India. Learned counsel further submits that State cannot deny the equality before the law or the equal protection of law.