AJIT KUMAR SINHA, J. - (1.) THE present writ petition has been preferred for issuance of a writ in the nature of certiorari to quash the order dated 08.08.2001, passed by respondent No. 3, rejecting the representations of the petitioners pursuant to the order dated 11.04.2001, passed by the then Ranchi Bench of Hon'ble Patna High Court in C.W.J.C. No. 3235 of 1999(R). Further prayer is for a direction to the respondents to consider and grant promotion to the petitioners in Non -Executive/Executive Cadre from the date(s), they became eligible, with all consequential service and monetary benefits.
(2.) THE facts, in brief, as submitted by the petitioners, are set out as under: There was a common line of promotion for all the workers, working in different sections of E & E Department (Now EMD) and could have been considered for promotion in another section. They have further raised a contention that one S.K. Verma, who was junior to them in different grades, was promoted superceding the petitioners. It is also the contention of the petitioners that in September, 1984 they jointly made a representation through proper channel, objecting the proposal to separate the department and also apprehended supercession by Sri S.K. Verma but no reply was given by the authority and on 24.12.1985, ignoring all genuine grievance of the petitioners, the respondents promoted Sri S.K. Verma from P -7 to P -8. It has further been submitted that in the year, 1994 Sri S.K. Verma was called for interview for the post of E -O whereas others, except petitioner No. 1, were debarred, as they were not eligible to be considered. Petitioner No. 1 in any case appeared at the interview on the basis of his qualification. However, others could not face the interview for want of minimum required period in P -8 Grade. It has further been submitted that again Sri S.K. Verma was transferred from Energy Management Department to S & C Department with a view to weaken the grievances of the petitioners, which was objected to by the Union and a representation was given not to transfer Sri Verma from the Department till the issue is settled. The petitioners finally being constrained preferred a writ petition being C.W.J.C. No. 3235 of 1999(R) and the Hon'ble High Court vide its order dated 11.04.2001 while disposing of the writ petition, permitted the petitioners to raise their grievances before the competent authority, who was directed to consider the grievance of the petitioners and dispose of the same by a reasoned order. Accordingly, on 04.05.2001 the petitioners gave a representation, which was considered by respondent No. 3 and was rejected, which is sought to be challenged in the present writ petition. The respondents have submitted that the Managing Director of Bokaro steel Plant in compliance with the direction of the Hon'ble High Court passed a detailed speaking and reasoned order. It has also been submitted by the respondents that the petitioners are not entitled to any relief in view of the position, explained in the impugned order dated 08.08.2001 and the fact that the cases of all the five petitioners were considered for promotion to Executive Grade from time to time and in fact two of the petitioners were also promoted to the Executive Posts and they have joined the same without any protest or objection. The respondents further in their counter affidavit have given the details of the petitioners and the dates on which they were considered by the Departmental Promotion Committee in 1994 and 1997 and the results were declared in 1999. The respondents further submit that the allegation of favouritism or illegal promotion to Sri Verma is also incorrect and the allegation of transfer for the purposes of promotion is misleading.
(3.) IT appears that in the year, 1995 because of an urgent requirement in S and C Department and also because of his pending request for transfer on health ground, Sri Verma was transferred. However, he was considered for promotion to E -O Grade along with other colleagues only when he became eligible and was promoted to E -O Grade on 30.6.1999 and, thus, the allegation of transfer for the purposes of promotion to Sri Verma to E -O Grade is on the face of it misconceived, erroneous and unsustainable.;