- (1.) IN this writ petition the petitioner has prayed for a direction on the respondents to give him notional promotion to the post of Additional Collector Cadre w.e.f. September 1996 with all consequential benefits and also to promote him to the rank of Joint Secretary Cadre since the date his juniors have been promoted to that Post i.e. 2.12.06. The petitioner is now posted as the Deputy Secretary, Department of Fisheries, Government of Jharkhand. The petitioner was given promotion to the post of Additional Collector by the State of Bihar w.e.f 31.3.1999. It has been submitted that the petitioner was entitled for promotion to the post of Additional Collector w.e.f. September 1996. After bifurcation of the State of Bihar under the provisions of the Bihar Reorganization Act and creation of the State of Jharkhand, final seniority list was prepared in which the petitioner's name was shown at SI. No. 100. Subsequently, the State of Jharkhand gave promotion to the Officers of the rank of Additional Collector w.e.f. 2.12.06. Several persons, who were junior to the petitioner, whose names have been described in paragraph 18 of the writ petition, were given promotion. But the petitioner was discriminated against and was' not given promotion. The petitioner made his representation before the concerned authorities and also sent reminders, but till date no decision has been taken. It has been submitted that the petitioner is due to retire on 31.8.08 and that he shall be seriously prejudiced, if notional promotion to the post of Additional Collector with consequential benefits and the promotion to the higher post is not given to the petitioner, as has been given to the persons junior to him.
(2.) COUNTER affidavit has been filed on behalf of the respondents. In the counter affidavit, I find no specific and categorical reply to the statements made in paragraph 18 of the writ petition that several persons junior to the petitioner were given promotion to the higher rank of Joint Secretary w.e.f. 2.12.06. The respondents have made vague and cryptic statements and have evaded from making any statement regarding the petitioner's claim of promotion. Learned J.C. to S.C. (L&C) appearing on behalf of the State of Jharkhand submitted that the petitioner was eligible to get promotion by the erstwhile State of Bihar and they were at fault for not issuing the appropriate order for 'promotion of the petitioner. However, as aforesaid, nothing has been stated in the counter affidavit as to why the State of Jharkhand has not passed the order of promotion whereas the petitioner has claimed in paragraph 18 of the writ petition that several persons, junior to him, have been given promotion.
(3.) LEARNED counsel appearing on behalf of the State of Bihar submitted that the petitioner is now posted in the State of Jharkhand and his all claims/benefits are to be given by the State of Jharkhand and the State of Bihar has got no concern.;