Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has inter alia prayed for following reliefs: (a).For direction upon the respondents to give effect to the recommendation of 'Departmental Promotion Committee' for promotion of the petitioner w.e.f 01.08.2004 instead of 18.05.2005; (b).For direction upon the respondents to fix the inter-seseniority of petitioner as Assistant Electrical Engineer (General Cadre) in accordance with the provision made under Bihar State Electricity Board (General) Cadre, Rules 1976 w.e.f 01.08.2004.
(2.) The facts, as delineated in the writ application, in brief, is that the petitioner was initially appointed as Junior Electrical Engineer by the erstwhile Bihar State Electricity Board, Patna and he joined the post on 18.07.1975. After bifurcation of the State, the petitioner continued to work in the territorial jurisdiction of Jharkhand State Electricity Board. Even after bifurcation of State and constitution of Jharkhand State Electricity Board, promotion in the cadre of Junior Electrical Engineer/Asst. Electrical Engineer/Elect. Executive Engineers and above were used to be given as per the recommendation of Departmental Promotion Committee, Bihar State Electricity Board in pursuance to order dated 02.03.2001 issued by the Ministry of Power, Government of India wherein it has been stated that pending formal division of staff between the two Board, the existing staff will continue to work on as it where is basis. It has further been averred that on the basis of above arrangement, DPC of the Bihar State Electricity Board was held on 15th October, 2004 for consideration of promotion of Junior Electrical Engineer (General Cadre) to the rank of Assistant Electrical Engineer, wherein the petitioner was found fit for promotion and was recommended for promotion w.e.f 01.08.2004 vice Shri Umeshwar Prasad Singh, Asst. Electrical Engineer (retired). On the basis of recommendation of Departmental Promotion Committee, the notification of promotion of junior Electrical Engineers working in the territorial jurisdiction of Bihar State Electricity Board was issued on 16.12.2004 with retrospective effect, as per the recommendation of Departmental Promotion Committee. But, the authorities of Jharkhand State Electricity Board sat tight over the matter and delayed the issuance of notification of promotion and lastly vide notification dated 18.05.2005 issued promotion order with immediate effect. Being aggrieved by the notional date of promotion, the petitioner has approached this Court.
(3.) Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner and Mr. Mukesh Kumar Sinha, learned counsel being assisted by Mr. Dheeraj Kumar, learned counsel for the respondents-JSEB.;