S.J.MUKHOPADHAYA, J. - (1.) PETITIONER , Narayan Ram has preferred the writ petition [W.P.(S) 3782 of 2005] against the joint Notification Nos. 957/M, 958/M, 959/M, 963/M, 964/M and 978/M dated 10th June, 2005 and the office order contained in Memo No. 857/M dated 17th June,2005, so far it relates to the petitioner and contesting 6th to 10th respondents. By the aforesaid notification dated 10th June,2005, 6th to 10th respondents, who are Geologists, were transferred and posted as Assistant Mining Officers at different places. The petitioner, who holds the substantive post of Mining Inspector and was functioning as In charge Assistant Mining Officer, has been sent back to his substantive post, because of the aforesaid postings. Further prayer has been made by the petitioner, Narayan Ram, to direct the respondents to grant him regular promotion to the post of Assistant Mining Officer from due date and till such promotion is granted, to allow him to continue as In charge Assistant Mining Officer.
(2.) DURING pendency of the writ petition (W.P.(S) No. 3782 of 2005), the respondents issue Notification No. 2340 dated 19th November, 2005 and cancelled the impugned notification dated 10th June, 2005, so far it relates to 6th to 10th respondents. In this background, 6th to 10th respondents have preferred the second writ petition [W.P.(S) 6324 of 2005] challenging the aforesaid Notification No. 2340 dated 19th November,2005. By the said Notification, petitioner, Narayan Ram of W.P.(S) No. 3782 of 2005 and five others have been given charge of the posts of Assistant Mining Officer. When the case was taken up, the Court was of the view that the first writ petition i.e. W.P.(S) No. 3782 of 2005 has become infructuous, the Notification dated 10th June,2005 having been cancelled. But learned Counsel for the petitioner, Narayan Ram addressed the Court in length to suggest that only the Mining Inspectors are entitled for promotion to the posts of Assistant Mining Officer. On the other hand, according to the petitioner, Rajiv Kumar Suri and others of W.P.(S) No. 6324 of 2005, who are 6th to 10th respondents in the first writ petition i.e. W.P.(S) No. 3782 of 2005, the posts of Assistant Mining Officer can also be filled up from amongst the Geologists, there being no bar and they being the Degree -holder Engineers, should be preferred over the Diploma -holder Mining Inspectors.
(3.) COUNSEL for the parties retted on one or other provisions of law and the decisions, rendered by the Patna High Court and this Court. In the year 1995, some of the Geologists having been posted as Assistant Mining Officer, it was challenged by 'The Bihar Mining Services Association' before Ranchi Bench of the Patna High Court in C.W.J.C. No. 115 of 1995(R). In the said case, posting of Geologists as Assistant Mining Officer was held contrary to the Statutory Rules and was thereby set aside.;