- (1.) Heard the learned counsel for the parties. The petitioner, by way of filing this writ petition under Article 226 of the Constitution of India, has prayed for a direction to the respondent authority concern to pay the petitioner all the consequential benefits form the date of his promotion.
(2.) The short facts are as under; 1. That the petitioner is initially appointed as Pump operator in the office of Executive Engineer, Irrigation Division, D.C. Chowk Dumka after following the procedure provided for appointment and accordingly, he joined the said post in the year 1972. The petitioner has passed his matriculation examination in the year 1971 and by the order of the Chief Engineer, Irrigation Deoghar dated 27.4.81 a gradation list of regular class IV employees was prepared and published on 21.8.81 vide memo No. 1712; under the signature of the Chief Engineer, Irrigation, Deoghar in which petitioner finds place at Sl. No. 46.
(3.) It is the case of the petitioner that as per Govt. Circular No. 6856 dated 6.10.83 issued by the Secretary, Irrigation Department it is very clear that 20% of vacancy falling in grade Posts III was to be filled up from grade IV employees on the basis of seniority. It was further mentioned in the said circular that persons appointed in Class-IV prior to 18.10.78 would be given promotion to Class III posts according to their seniority. It is the case of the petitioner that he was appointed as a class IV employee in the year 1972. However, in a promotion list published vide Memo No. 21 dated 7.1.83 surprisingly the persons who were juniors to the petitioner and whose name appeared below the name of the petitioner in the gradation list were given promotion to Class III post. According to the petitioner, the employees at Sl. Nos. 200, 201 and 216 in the gradation list were promoted whereas, the case of the petitioner, who is above in the gradation list, was not considered and he was not given promotion. Being aggrieved and dissatisfied by the action of the respondent authorities, the petitioner preferred CWJC No. 4171 of 98. The said petition was disposed of vide order dated 6.12.99 directing the respondents to consider the case of the petitioner for his promotion to the post of Class-III within a period of six months from the date of receipt of a copy of that order. Thereafter, since the order passed by High Court of Patna in CWJC No. 4171/98 was not complied with by the respondent authorities, the similarly situated person preferred a contempt proceeding vide MJC No. 3270 of 2000 and during the pendency of the said proceeding, the State of Jharkhand implemented the order and petitioner was granted promotions notion-ally w.e.f. 12.7.1990 but the payment with regard to difference of salary of the intervening period has not been granted to the petitioner. Being aggrieved and dissatisfied by the said action of the respondent authorities, the petitioner approached this Court by way of filing the present writ petition.;