PRAMATH PATNAIK,J. - (1.) The aforesaid writ application has been filed praying interalia for direction upon respondents to consider and promote the petitioner on the post of Executive Engineer and for grant of all consequential service benefits
(2.) The facts as averred in the writ application in a nutshell is that the petitioner was appointed as a Junior Engineer in Road Construction Department in the year 1987. The petitioner was promoted under 3% AMIE quota on the post of Assistant Engineer vide notification dated 04.11.1993 as evident from Annexure-2 to the writ application. It has been averred in the writ application that the promotion from the post of Assistant Engineer to the Post of Executive Engineer is to be made as per Bihar Engineering Services Rules, 1939. After bifurcation of the State of Bihar, the petitioner has been allotted to the State of Jharkhand. Seniority list has been published vide memo dated 05.05.2015 of the Assistant Engineer in the Road Construction Department and as per the seniority list, the petitioner is fully eligible and entitled for promotion on the rank of Executive Engineer but the respondents have resorted to adhocism on the post of Executive Engineer when regular vacancies are available to be filled up. In the meantime, under Article 309 of the Constitution of India the State of Jharkhand has framed the Jharkhand Engineering Service Recruitment Rules, 2016 to govern the service condition in the State of Jharkhand. Rule-8 of the said 2016 rules provides for the Seniority of Assistant Engineer is to be finalized and the schedule-II (Clause-5) in which the promotion on the post of Executive Engineer is to be made and the said rule has been annexed as Annexure-5 to the writ application. Since, the petitioner's case is stagnating for the last 25 years, being aggrieved by the inaction of the respondents the petitioner has been constrained to seek remedy under Article 226 of the Constitution of India.
(3.) Learned counsel for the petitioner submits that in view of the order dated 27th February, 2017 passed in W.P.(S) No.3792 of 2016 in the case of Amarendra Kumar Singh v. The State of Jharkhand and Others , the Departmental Promotion Committee for promotion to the post of Executive Engineer has not been constituted however, the interim order dated 27.02.2017 has been modified vide order dated 27.06.2018 in I.A. No.5279 of 2018 in W.P. (S) No.3792 of 2016 wherein the Hon'ble Court has been pleased to direct that the aforesaid writ petition shall not stand in the way of the State of Jharkhand for taking steps for the purpose of promotion from "reserved to reserved" and "unreserved to unreserved" and also in the matter of promotion on merits. It has further been made clear that the State of Jharkhand is not deprived from giving promotion in accordance with law, pending further consideration of the said writ petition. Learned counsel for the petitioner further submits that in view of the order passed by the Hon'ble Division Bench dated 27.06.2018 in W.P.(S) No.3792 of 2016, there is no impediment on the part of the respondents to hold DPC for consideration of the petitioner and other eligible candidates to the rank of Executive Engineer in accordance with law with relevant Engineering Service Rules.;