D.N.PATEL,J. - (1.) This Letters Patent Appeal has been preferred by the original petitioner whose writ petition being W.P.(S) No.1587 of 2017 was dismissed by the learned Single Judge by a detailed speaking order dated 21st March, 2017, whereby the prayer of this appellant for appointing him as Chief Engineer was rejected by this Court and also the prayer for cancellation of the order given to the respondent No.6 (original respondent No.6) of making him Incharge, Chief Engineer, was also not quashed and set aside by the learned Single Judge and the said prayer was also rejected by this Court. Hence, the original petitioner has preferred this Letters Patent Appeal.
(2.) Factual Matrix It appears that this appellant (original petitioner) is a Superintending Engineer and he was given the charge of post of Chief Electrical Inspector of the State of Jharkhand. It appears that in the earlier writ petition being W.P.(S) No.2709 of 2011 preferred by some another petitioner who was on the post of Incharge of another post, in which direction was given by this Court that the State of Jharkhand should have appointed the Head of such type of Department quickly instead of giving charge of the post to different persons at different intervals of time. Nonetheless, this appellant was continued as an Incharge, Chief Electrical Inspector, from 13th March, 2015. This appellant was thereafter transferred to his parental post, namely, Superintending Engineer and the respondent No.6 was given the charge of the post of Chief Electrical Inspector with effect from 17th March, 2017. It appears that this appellant wants to continue as Incharge, Chief Electrical Inspector, till for further time and, hence, he has preferred W.P.(S) No.1587 of 2017 with a prayer that this appellant should be appointed as Chief Electrical Inspector as he is seniormost and respondent No.6 should be made Incharge of the post of Chief Electrical Inspector. These pleas have been accepted by the learned Single Judge and the petition was dismissed vide order dated 21st March, 2017 and, hence, the present Letters Patent Appeal has been preferred by the original petitioner.
(3.) Arguments Canvassed by the Counsel for the Appellant Counsel for the appellant submitted that this appellant is senior-most Superintending Engineer and, therefore, he was given the charge of Chief Electrical Inspector with effect from 13th March, 2015. It is further submitted by the counsel for the appellant that despite this Court has passed an order in another writ petition being W.P.(S) No. 2709 of 2011 order dated 12th August, 2011 that Government of Jharkhand should keep the highest post vacant and adhocism or Inchargeship should continue for a longer time. Despite this order, the post of Chief Electrical Inspector has been filled up and now, this appellant has been transferred and he is also given additional charge of General Manager of State Load Dispatch Centre (herein after referred to as 'S.L.D.C.' for the sake of brevity) and respondent No.6 has been given the Charge of the post of Chief Electrical Inspector with effect from 17th March, 2017. Counsel for the appellant further submitted that in fact, this appellant (original petitioner) ought to have been continued as an Incharge, Chief Electrical Inspector and he should be given regular promotion on this post as he is senior-most, looking to prayer No.1 to the the writ petition. It is also submitted by the counsel for the appellant that the order passed by the respondents-State authorities for the respondent No.6 making him Incharge of the post of Chief Electrical Inspector vide order dated 17th March, 2017 should be quashed, because, one adhoc cannot be replaced by another adhoc. Counsel for the appellant further submitted that let a suitable direction be given to the State of Jharkhand to fill up the post of Chief Electrical Inspector on a regular basis, instead of such type of adhocism or Inchargeship, in the light of the order passed by this Court in W.P.(S) No.2709 of 2011 order dated 12th August, 2011. These aspects of the matter have been properly appreciated by the learned Single Judge and hence, the judgment and order delivered by learned Single Judge in W.P.(S) No.1587 of 2017 dated 21st March, 2017 deserves to be quashed and set aside.;