M.Y.EQBAL,J. - (1.) IN this writ petition the petitioner has prayed for quashing the notification dated 22.8.2005 issued by the Deputy Secretary, Arts, Culture and Sports Department, Government of Jharkhand whereby respondent No. 4 has been appointed on deputation on the post of Deputy Director, Archaeology department of Arts, Culture and Sports, Government of Jharkhand for a period of one year and further for a direction upon respondent Nos. 1 to 3 to consider the case of the petitioner for promotion on the said post.
(2.) THE case of the petitioner, in short, is that he is a member of scheduled caste and is M.A. in Ancient Indian History and Archaeology. In 1988 he was appointed on the post of Senior Technical Assistant on regular basis and in 1997 he was promoted to the post of Excavation and Exploration Officer (Archaeology) by the State Government and was posted at Patna. Presently the petitioner is posted on the post of Excavation and Exploration Officer, Archaeology, Ranchi. Petitioner's further case is that after amendment of Bihar Education Services Class I and II Appointment. Rules, 1973, the Archaeology and Museum Directorate merged with the Bihar Education Service Class I and Class II and the rules were modified for time bound promotion in Bihar Education Service. The post of Excavation and Exploration Officer of Archaeology and Museum Directorate have been accepted to be class II post in the Bihar Education Service. According to the petitioner, he completed six years in class II service and became eligible for promotion in the said Education Service, Class I. The petitioner, therefore, made a representation for promotion on the post of Deputy Director as he is the senior most officer in the Archaeology department and fulfills all the criterias and eligibility for the post. His grievance is that In spite of that respondent No. 2, the Secretary, Arts, Culture and Sports department, received a direct application from respondent No. 4 and appointed him on deputation on the post of Deputy Director granting him the scale of Rs. 10,000 -15,200/ -. Respondent Nos. 1 to 3 filed counter affidavit stating, inter alia, that there are two equivalent posts of Deputy Director in the same pay scale under Directorate, Archaelogy (headquarters) and the said posts were lying vacant after creation of the State of Jharkhand. The post of Regional Deputy Director, Archaeology also fell vacant on 30.9.2004. Keeping in view the importance of conservation and development of historical and cultural heritage of this State, it was deeply felt that the service of a suitable person be taken on deputation from other source. Accordingly, a selection committee under the chairpersonship of Development Commissioner was constituted which interviewed the applicants and recommended respondent No. 4 for appointment on deputation. It is contended that the cadre of Bihar Education Service in the department of Archaeology is yet to be finally divided. In absence of final cadre division regular promotion could not be given. It is further stated that there is another vacant post of Regional Deputy Director available in the department to which promotion of the petitioner can be given if he is finally allocated Jharkhand cadre.
(3.) MR . Anwar, learned Counsel appearing on behalf of the petitioner brought to my notice some documents which have been annexed as annexures 7,9,10,11 and 15 to the writ application and submitted that respondent Nos. 1 to 3, without following the rules and procedures, hastily appointed respondent No. 4 on deputation.;