LAKSHMI PRASAD SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner's prayer is for a direction to the respondents to give him regular promotion as Deputy Director (Mines), Additional Director (Mines) and Director (Mines) with effect from the date it became due, which despite vacancies has not been given to him on completion of required Kalawadhi and seniority in the cadre. Further prayer is for quashing the impugned Notification No. 2049/M dated 28.10.2005, issued by the Deputy Secretary (Mines) directing the petitioner to handover charge of Patna Circle to the persons named in the notification. Subsequently by notification no. 2055 petitioner was directed to handover charge to persons who is ex-cadre Geologist as such prayer is for quashing this notification also. Further prayer is for quashing the notification no. 236/M dated 11.11.2005 whereby without considering the representation of the petitioner, he was directed to join at Gaya, failing which departmental actions would be taken against him. Petitioner's prayer is also for quashing Notification No. 2145/M dated 11.11.2004 whereby persons posted vide Notification No. 2055/M has been confirmed as Deputy Director (Mines), Muzaffarpur. One more prayer is for quashing the notification no. 2225/M dated 22.11.2005 cancelling officiating promotion of petitioner as Additional Director (Mines) without cancelling the order of officiating promotion of the petitioner on the post of Deputy Director (Mines).

(2.) The Directorate of Mines and Geology was bifurcated in the year 1964 and independent Directorate of Mines was created. Hierarchy of posts in the Directorate of Mines consists of Mines Inspector, Assistant Mining Officer, District Mining Officer, Deputy Director (Mines), Additional Director (Mines) and Director (Mines).

(3.) The post of District Mining Officer is filled 50% by promotion by feeder grade of Assistant Mining Officer who had put in required Kalawadhi and 50% from the direct recruit. Minimum Kalawadhi for promotion to the post of Deputy Director (Mines) from the post of District Mining Officer is 8 years. Four years Kalawadhi is for promotion to the post of Additional Director (Mines). Two years for the post of Director (Mines). Petitioner being a Mining Engineering graduate with M. Tech. degree was directly appointed as District Mining Officer through Notification No. A/A14092/ 86-6739 dated 3.12.1988. Petitioner joined on the post of District Mining Officer on 27.4.1989 and after completing 8 years Kalawadhi became entitled for being promoted to the post of Deputy Director (Mines). State Government through Finance Department Notification No. 1082/F dated 22.2.1988 has taken a policy decision that if no regular promotion could be made within time and higher posts were required to be filled up, eligible persons of the lower posts should be allowed to officiate on such higher post, strictly in accordance with law, on the basis of seniority-cum-eligibility. In compliance of this policy decision the petitioner was promoted to the post of Deputy Director (Mines) by Memo No. 3385/M dated 22.8.1998. On completion of four years Kalawadhi the petitioner was promoted on ad hoc basis to higher post of Additional Director (Mines). Petitioner has already completed two years Kalawadhi on 27.4.2008 (sic) for being promoted to the post of Director (Mines).