- (1.) BY Court. Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents.
(2.) THE petitioner (since retired), a matriculate, having completed the course of institutional training in the Trade of Draftsman (Civil) (G), conducted by the Department of Labour and Employment (Technical Education), Government of Bihar, was employed in the year 1969 on the post of 'Supervisor Field Worker on work charge establishment, under the Executive Engineer, Investigation Research and Design Division, Tenughat Dam. Subsequently, on completion of the course of Civil Draftsman, the petitioner was appointed as 'Draftsman Grade -II on officiating basis vide Memo No.4008 dated 08.11.1974. Later on, his services were regularized w.e.f. the date of his joining and was posted as non -SIS Overseer on officiating basis vide Memo No.905 dated 06.05.1977. Subsequently, his services, on the post of Overseer (non -SIS), were regularized w.e.f. 06.05.1977. Further case of the petitioner is that the petitioner having completed continuous 10 years of service on the post of Sub -Overseer, made an application in the year 1987, for promotion to the post of Overseer (Junior Engineer) in terms of Government decision, as contained in Letter No.24612 dated 13.12.1976, laying down a policy for consideration for appointment to the post of Junior Engineer from among Sub -Overseers and Others, who have successfully completed 10 years of satisfactory service. Thereupon, the then Chief Engineer, forwarded the application of the petitioner for promotion to the post of Overseer (Junior Engineer) along with the recommendation of the Superintending Engineer to the Joint Secretary of the Department. Upon which, annual confidential report was called for, but to utter surprise of the petitioner, the petitioner was not given promotion rather he was given time bound promotion w.e.f. 06.01.1987.
(3.) AGAIN it is the case of the petitioner that the government vide its Resolution dated 08.01.1992 again reiterated its earlier policy decision that the matter of promotion to the post of Junior Engineer shall be considered only of those Sub -Overseers, whose seniority have not been fixed in the cadre of Overseer.;