Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioners have inter alia prayed for quashing part of Clause 3 and 4 of the Resolution of State Government issued vide circular dated 12.09.2008 by which the respondents while merging the Cadre of the petitioners in the Cadre of Jharkhand Administrative Service in a completely illegal and malicious provisions have robbed the promotional and other incidental benefits of the service; and further direction has been made to direct the concerned respondents to make final merger of the cadre of the petitioners with the Jharkhand Administrative Service completely and accordingly bring them at par with other members of the cadres and to end the stagnancy of their service career.
(2.) The brief facts, as depicted in the writ application, is that the petitioners were initially selected as Sub-Election Officer in basic grade post through combined competitive examination conducted by Bihar Public Service Commission with many other officers of various cadres. It has been averred that since after their initial appointment the petitioner are continuously working on their initial posts whereas officers appointed in other cadre have been given regular promotion. It has further been averred that the petitioners have been denied promotional benefits by the concerned State Govt. solely because there was no cadre rule, against which, the petitioners knocked the doors of this Court by filing W.P. (S) No. 4608 of 2007, which was disposed of vide order dated 21.01.2008 with a direction to the respondents to prepare the Cadre Rule and thereafter promote the petitioners within two months from the date of passing of the order. Even then when no Cadre Rule was prepared within stipulated period, the petitioner moved this Court by filing Contempt Petition (Civil) No. 267 of 2008. However, during pendency of the contempt petition, the respondents came out with a Resolution dated 12.09.2008, by which the cadre of the petitioners were abolished and merged with Jharkhand Administrative Services but in the Resolution in particular part of clauses 3 and 4, unconstitutional and illegal provisions were made providing that the post upon which the petitioners are holding will not be immediately merged and upon retirement of the petitioners they will be merged and thus the petitioners were made part of isolated Cadre of their own having no avenues of growth in their career and they will be made to serve under the officers in the new merged cadre of Jharkhand Administrative Service. Aggrieved thereof, the petitioners represented before the respondents-authority but it turned deaf ears.
(3.) Heard Mr. Manoj Tandon, learned counsel being assisted by Mr. Rajesh Kumar, learned counsel for the petitioners and Mr. Shabad Bin Haque, A.C to learned G.P. I for the respondents.;