Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner has inter alia prayed for issuance of writ commanding upon the respondents to grant notional promotion to the petitioner with effect from 25.08.2010 on the post of Joint Secretary or on equivalent post i.e. the Deputy Secretary in the pay scale of Rs.37,400/- to Rs.67,000/- with grade pay of Rs.8700/- and further prayer has been made for commanding upon the respondents to refix the pension of the petitioner and pay all the retiral benefits on the scale which is payable to the petitioner on account of his promotion to the post of Joint Secretary.
(2.) The facts in brief is that the petitioner was initially appointed as Deputy Collector being recommended by Bihar Public Service Commission and joined on the said post in the year, 1981. In course of time, the petitioner was granted due promotion and in the year, 2005 the petitioner was promoted to the rank of Additional District Magistrate/Deputy Secretary. The Departmental Promotion Committee under the Chairmanship of the Chief Secretary, Government of Jharkhand, Ranchi considered the case of all eligible officers including the petitioner for being promoted to next higher post of Joint Secretary or equivalent post in its meeting held on 24.08.2010 and the said departmental promotion committee, after considering the cases for promotion including A.C.R. status of allegation, vigilance clearance etc. recommended the names of 33 persons including the petitioner for promotion and the name of the petitioner finds place at serial no.22 and in the remark column, it is mentioned that the petitioner is fit for being promoted as evident from Annexure-1 to the writ application. As per the rules of Government and procedure, the matter was processed by the Department of Personnel, Administrative Reforms and Rajbhasa and thereafter, it has been approved by the Advisor (Personnel) to his Excellency, the Hon'ble Governor of Jharkhand on 25.08.2010 since during the relevant time, the State was under President's rules and the proceeding was approved on 25.08.2010 by His Excellency, the Hon'ble Governor of Jharkhand. Thereafter, only a notification was to be issued but since no action was taken in issuing notification for granting promotion to the petitioner, joint representation was submitted by petitioner and others. Due to inaction some of the colleagues of the petitioner filed W.P(S) No.5545 of 2010 and this Court vide order dated 15.06.2011 has been pleased to dispose of the writ application directing the respondents to expedite the publication of the notification and unfortunately, during the pendency of the writ application, the petitioner retired from the services on 31.05.2011 from the post of Deputy Development Commissioner, D.R.D.A., Simdega. Thereafter, a notification has been issued vide memo dated 18.06.2011 but the name of petitioner was not included in the said notification. Since, the name of petitioner was not included in the notification dated 18.06.2011 the petitioner submitted representation before the Principal Secretary, Personnel, Administrative Reforms and Rajbhasa Department for notional promotion but no action was taken. In the aforesaid facts, the instant writ application has been filed under Article 226 of the Constitution of India for redressal of petitioner's grievances.
(3.) Learned counsel for the petitioner has vehemently submitted that the action of the respondents in not notifying the promotion of the petitioner in due time has deprived the petitioner to hold the post and to get the benefits of promotion of Joint Secretary which is violative of Article 14 and 16 of the Constitution of India and the legitimate expectation of the petitioner has not been belied. Learned counsel for the petitioner further submits that the delay and latches on part of the respondents has resulted in denying the petitioner an opportunity to discharge the duties on the post of Joint Secretary and also the petitioner has been subjected to suffer from financial loss. In order to buttress his submissions, learned counsel for the petitioner has referred to the decision in C.W.J.C No.136 of 2000(R) in the case of Ramadhar Singh Vs. The State of Bihar & Others,2012 3 JLJR 544 (Kamta Singh Vs. State of Jharkhand & Ors.), 2010 (3) JCR 238 (Jhr.), 2012 (2) JCR 296 (Jhr.).;