- (1.) HEARD the parties and perused the counter affidavit filed on behalf of the respondents 5 and 7 This appeal has been filed against the order dated 12.3.2003, passed by the learned Single Judge in W.P. (S) No. 249 of 2003, whereby the authorities concerned of the Zila Parishad, Dhanbad, were directed to consider the case of the writ petitioner also for promotion to the post of Assistant Engineer, against the third post available. It was also observed that the writ petitioner has no claim for the second post merely because he was a member of Scheduled Caste. The respondent No. 7 being admittedly senior to him was rightly promoted.
(2.) THE appellant had challenged regular promotion of the respondent No. 7 from the post of Junior Engineer to Assistant Engineer on the ground that he being a member of the Scheduled Caste and, in the roaster, the second promotional post of the Assistant Engineer being reserved for the Scheduled Caste candidates, ignoring his case in the roster, the respondent No.7 was promoted to the post of Assistant Engineer. In the year 1997, when the occasion for regular promotion to the post of Assistant Engineer came to be considered a departmental proceeding was pending against the appellant and a criminal case was also lodged against him.
(3.) IN counter affidavit, filed by Deputy Development Commissioner, on behalf of the Dhanbad Zila Parishad, it was categorically been stated that the appellant 'scase for promotion to the post of Assistant Engineer though he had become eligible therefor, was not considered because of the pendency of the departmental proceeding as well as the criminal case against him.;