JUDGMENT
M.Y. Eqbal, J.
1. Heard Mr. Chandrashekhar, Senior Advocate on behalf of the petitioner and Mr. B.S. Lal Additional Advocate General.
2. In this writ application the petitioner has prayed for quashing all the appointments/postings of Assistant Mining Officers from different cadres of Geologists including the private respondents No. 5 to 9.
3. The petitioner’s case is that the respondents by notification dated 27.11.1996 fixed the minimum qualification for appointment in the post of Assistant Mining Officer. As per the notification a degree in Mining Engineering from any Indian University or B.Sc. (Mining Degree) is the minimum qualification for the said appointment which qualification has also been prescribed by the Bihar Public Service Commission. Respondent Nos. 5 to 9 do not possess requisite qualification and, therefore, they cannot be appointed/posted as Assistant Mining Officer. Further case of the petitioner is that the Commission used to fill up the post of Assistant Mining Officer from two sources, 50% by direct recruitment and 50% by promotion from the Mining Inspectors who are diploma holders. The member of the petitioner association are Mining Inspectors having diploma in Mining Engineering are entitled to be promoted.
4. It appears that the Government of Bihar after due deliberation took a policy decision vide resolution dated 27.8.1998 to amalgamate Mines Directorate and Geology Department as Directorate of Mines and Geology for better utilization of the strength of the officers and employees. The undivided State of Bihar further resolved that the officers of Geologists Cadre having equivalent post will be posted on the post of Additional Directorate and equivalent post. It is stated in the counter affidavit that after the creation of Jharkhand State the cadre division has not been finalized. Once the cadre division is finalized the Government of Jharkhand will consider to bring both the directorate under one command. The Government of Jharkhand is also not in a position to determine seniority and to consider promotion till the cadre division is not finalized. In my view, therefore, it is high time the Government should lake a final decision in the matter of cadre division of these two Directorate and after cadre division a seniority list is to be published and process for promotion is to be taken up according to the policy decision of the Government. All these processes must be completed within a period of three months from the date of production of copy of this order. Needless to say that while taking up the matter of promotion the cases of the members of the petitioners-association shall also be considered in accordance with law.
5. With the aforesaid direction this
writ application is disposed of.