IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 5800 of 2005
Dip Bhai Patel Petitioner
Versus
1.The State of Jharkhand
2.Secretary, Information and Public Relation, Govt. of Jharkhand
3.Director, Information and Public Relation, Govt. of Jharkhand
4.District Public Relation Officer, Chaibasa
5.Ministry of Information and Public Relation Govt. of Jharkhand Respondents
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CORAM: The Hon'ble Mr. Justice D.G.R. Patnaik
For the Petitioner: Mr. D.K. Chakravorty, Advocate
For the Respondents: JC to Sr. SC-I
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8. 01.09.2009
Heard counsel for the petitioner and the counsel for the respondent State.
2. Being aggrieved by inaction of the respondents to take appropriate action
for grant of promotion to him to the higher post since 10.07.1987, the petitioner
has filed this writ application for issuance of an appropriate direction to the
respondents on the petitioner’s claim for his promotion.
3. The petitioner was inducted in the service under the erstwhile State of
Bihar on the post of Unit Clerk in the Information and Public Relation Office
under the concerned Department of the State Government.
4. When the matter of promotion of the employees was taken up and as many
as 57 vacancies on the post of Additional District Public Relation Officer were
filled up and the petitioner’s name was left out, he filed representation on
10.07.1987 before the concerned authorities. But to his dismay, no response was
given on his representations and on the other hand, persons junior to him, were
purportedly granted such promotion, allegedly in a most arbitrary and
discriminatory manner.
5. Upon bifurcation of the erstwhile State of Bihar, the petitioner’s services
were placed in the State of Jharkhand. After assuming his office in the same
Department in the State of Jharkhand, the petitioner again submitted his
representation for his promotion to the post of Additional District Public Relation
Officer, praying for equal treatment as meted out to those who were granted
promotion way back in 1987. When the petitioner’s several representations failed
to yield any positive result, the petitioner has filed the present writ application.
6. A counter-affidavit has been filed on behalf of the respondents.
Controverting the grounds advanced by the petitioner, counsel for the respondent
State would explain that the petitioner appears to be suffering from misconception
in as much as, the petitioner’s contention that persons junior to him were granted
the benefit of promotion and he has been arbitrarily left out, is totally incorrect
and misleading. Respondents have affirmed that not a single person junior to the
petitioner in the seniority list, was granted the benefit of promotion as yet.
Learned counsel further explains that even as per the information communicated
to the petitioner way back in 2005, no Rules have been framed by the State
Government regarding the promotion of Class-III employees to the higher post in
the concerned Department. It was recently that draft Rules have been framed and
the same is in the process of being finalized and after due approval from the
competent authority, it would be implemented. It is further stated that the
petitioner has not been subjected to suffer any prejudice whatsoever and he can
remain assured that on considering his placement in the seniority list, as prepared
by the State Government, if he comes within the zone of consideration, his case
would certainly be considered as and when Rules are finally approved and
notified and he would be given the benefit of promotion, depending upon his
eligibility to the next higher post to which he would be entitled as per the revised
grades.
7. In the light of the above submissions, the respondent authorities are
directed to expedite the finalization of the Rules for promotion of Class-III
employees to the higher post in the State Public Relation Department, preferably
within a period of four months from the date of this order and thereafter, upon
notification of the Rules, shall consider the case of the petitioner and other
employees similarly situated, for grant of their promotions and take an
appropriate decision on their claim for promotion which, as it appears from the
submission of the petitioner, has been withheld since long.
With these observations, this writ application is disposed of.
Let a copy of this order be given to the learned counsel for the respondent
State.
(D.G.R. Patnaik, J)
Ranjeet/