Uma Nath Singh, Zaki Ullah Khan, J. - (1.) THIS order shall also dispose of the connected writ petition, namely, Writ Petition No. 523 (S.B.) of 2013 filed by the appellant -State. We have considered the application for condonation of delay in filing the special appeal.
(2.) AS there is no objection on behalf of the private respondent, who appears in person, the delay as pointed out by the registry in filing the special appeal is hereby condoned. We have heard learned counsel for parties and perused the pleadings of special appeal as well as writ petition.
(3.) THIS special appeal has been preferred against the judgment and order dated 19.8.2011, which was modified vide order dated 9.11.2011, passed by learned single Judge in Writ Petition No. 3421 (S.S.) of 1996. Learned single Judge while allowing the writ petition has held as under: "Admittedly, after completion of his minimum eligibility criteria the next promotion orders, may be of a different persons, were issued in the year 1995. In the meantime, Government Order dated 11th of March, 1994 was issued, whereby minimum 10 years experience as Junior Engineer was required alongwith the minimum educational qualification for the Junior Engineer for promotion to the post of Assistant Engineer. The petitioner completed 10 years services as a Junior Engineer either on ad hoc or regular basis only on 23rd of February, 1997. Therefore, it cannot be said that in the year 1995, he was eligible for promotion to the post of Assistant Engineer. In the meantime, the petitioner moved a representation dated 27th of June, 1996 pursuant to the order passed by this Court on 26th of June, 1996 in writ petition No. 3421 (S/S) of 1997. The State Government by means of order dated 27th of August, 1998 rejected his claim for promotion on the ground that his appointment was not of a regular nature, therefore, he is not entitled for promotion to the post of Assistant Engineer. So far as the ground of rejection of the petitioner's promotion that he was not a regular Junior Engineer is concerned, I am of the view that it is settled law of this Court as well as the Hon'ble Supreme Court that once a person is appointed in accordance with law, may be, on ad hoc basis and is continuing in service for a long period, his services shall be counted for promotion. Therefore, I am of the view that since, he completed his 10 years of continuous service as Junior Engineer may be on ad hoc basis and gained the qualification for promotion, he became eligible for promotion to the post of Assistant Engineer just after completion of 10 years service as Junior Engineer. As has been stated here -in -above, he completed his minimum qualification, i.e., B.A./A.M.I.E. in 1993 and 10 years services as Junior Engineer in 1997, therefore, I am of the view that he became eligible for promotion to the post of Assistant Engineer in 1997 in accordance with the Rule as well as the Government Orders against the vacancies, which created immediately thereafter, on the basis of seniority list. The stand of the respondents as has been taken in the order impugned (Annexure -8) that the petitioner still has not been regularized on the post of Junior Engineer, appears to be very incorrect as nothing adverse has been reported against him, but still he has been denied from promotion only for the reason that he is not a regular employee. Since 1987 about 24 years has passed and he has been transferred from one Development Authority to another Authority having blotless carrier. Keeping in view the facts and circumstances as above, I am of the view that he is entitled to be treated as a regular employee in the Department and also for promotion to the post of Assistant Engineer against the vacancy occurred just after completion of his 10 years continuous services as Junior Engineer, may be, on ad hoc basis. Under these circumstances. I hereby quash the order impugned dated 27th of August, 1998 passed by the State Government (Annexure -8) and issue a writ of mandamus to the respondents to consider the petitioner's case for promotion to the post of Assistant Engineer against the vacancy created just after completion of 10 years services in 1997 as Junior Engineer.";