M.Y.EQBAL, J. - (1.) HEARD Mr. Sujit Narayan Prasad, learned Counsel for the petitioner and the learned Standing counsel.
(2.) IN this writ application, the petitioner has prayed for quashing the notice dated 24.12.2001 which was communicated to the petitioner on.7.10.2001, whereby the petitioner has been called upon to show cause as to why his promotion to the post of Technical Assistant be not cancelled and further for a direction to the respondents to allow the petitioner to perform his duty to the post of Technical Assistant. Petitioner's case is that he was appointed as casual labour on 10.6.1976 in Milk Supply -cum -Dairy Firm, Hotwar, Ranchi. In the year 1978 he was taken into the service of Grade -IV employee. It is alleged that in the year 1986 the Departmental Promotion Committee held its meeting for promotion to the post of Technical Assistant from Grade -IV post. Petitioner also appeared before the Selection Committee and after competing in the interview, he was given promotion to the post of Technical Assistant vide order dated 2.7.1986. Since the date of promotion he has been discharging his duties as Technical Assistant. It is, therefore, contended that the show cause notice is illegal mala fide and without jurisdiction.
(3.) IN the counter affidavit filed by the respondents, it is stated that the post of Technical Assistant is a State Cadre Class -Ill post and the power of appointment/ promotion is vested with the Director, Animal Husbandry only. The State Government vide letter dated 3.12.1997 directed the Director to make purely temporary appointment/promotion on the post on short -term basis in the special condition. It is stated that the then Regional Director, Animal Husbandry encroached upon the jurisdiction of the Director and made large number of appointment/promotions on the post of Technical Assistant without any legal authority and without following the procedure prescribed by the Government.;