NIRANJAN JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for grant of the following relief: -A) The Office order dated 15.5.2002 issued by the Dy. Secretary be quashed. B) The Respondents be directed not to give effect to the rejection orders dated 15.5.2002 and to consider the case of the petitioner afresh on the basis of the selection list dated 3.11.1998 so submitted by the promotion committee.

(2.) THE facts, in brief, as submitted by the petitioner is stated as under:

(3.) THE counsel for the respondent has submitted that the petitioner was initially appointed as a Clerk with effect from 26.7.1993 and was working in the Establishment Section and then in Account Section of the Institute. Thereafter on 21.11.1997 the petitioner was posted in the grade of Clerk in the Electrical Engineering Department of the Institute and was getting the salary for the post he was holding. According to the respondent the post of Clerk was a non -technical cadre post whereas the post of Instructor is a technical cadre post and was completely different both by way of discipline as well as its cadre and as such the petitioner was not eligible for promotion to the post of Instructor since it was a different cadre and discipline and accordingly the Deputy Secretary rightly rejected the claim of the petitioner vide its impugned order dated 15.5.2002. It has further been submitted that even the respondent has no authority to change the cadre post of the petitioner and the respondents have specifically denied that the petitioner is holding the post of Instructor from 1997 and have stated that the claim is false, baseless and misleading. According to the respondent, the petitioner was posted on the same post of Clerk in the Electrical Engineering Department of the Institute and the post of Clerk and Instructor are not interchangeable. According to the respondents, the qualification of the Instructor is as under: -