H.C. Mishra, J. - (1.) Heard the learned counsel for the petitioner and the learned counsel for the respondent, Jharkhand State Electricity Board, now Jharkhand Urja Vikas Nigam Limited.
(2.) The petitioner joined the services of the then State Electricity Board on 5.2.1973 as an Assistant Engineer. In course of his service, the petitioner was given promotions on the higher posts and ultimately, he was posted as Electrical Superintending Engineer with effect from 26.6.2007. Upon completion of two years of his service, the petitioner was entitled to be considered for promotion to the post of Electrical Chief Engineer with effect from 27.6.2009. The petitioner ultimately superannuated from the post of Electrical Superintending Engineer on 31.10.2009 without being promoted to the post of Electrical Chief Engineer and it is the case of the petitioner that in spite of the post being available for his promotion, the petitioner was not given due promotion during his service tenure.
(3.) Learned counsel for the petitioner has submitted that the denial of due promotion to the petitioner is absolutely illegal and arbitrary and is violative of Articles 14 & 16 of the Constitution of India. Learned counsel has pointed out from the counter affidavit filed on behalf of the respondent Jharkhand State Electricity Board, wherein the vacancy position in the cadre of Electrical Chief Engineer has been shown as on 30.4.2009. It is stated in the counter affidavit that there were 14 sanctioned posts of Electrical Chief Engineer in the Electricity Board, out of which, 09 posts belonged to the General Category, 01 post belonged to the S.C. Category and 04 posts belonged to the S.T. Category. Against this sanctioned strength, 05 officers were posted in General Category, 03 officers were posted in S.C. Category and 03 officers were posted in S.T. Category. Thus, there were only three vacancies as on 30.4.2009, out of which, there were 04 vacancies in General Category, 02 officers were posted extra in S.C. Category and 01 vacancy in S.T. Category.;