INDRADEO RAM Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-1-125
HIGH COURT OF JHARKHAND
Decided on January 16,2009

Indradeo Ram Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THE present writ petition has been filed with a prayer for issuance of an appropriate writ, order or direction to quash the order dated 23.10.1998 on the basis of which the petitioner was reverted from Class -III post to Class -IV post even though he discharged his duties in Class -III post of Technical Assistant for the last 16 years and for a further direction upon the respondents to permit the petitioner to discharge his duties in Class -III post of Technical Assistant.
(2.) THE counsel for the petitioner, after some arguments, has referred to certain orders passed by this Court wherein a direction was issued vide order dated 15.7.2008 in Writ Petition(S) No.1263 of 2003 giving liberty to the petitioner therein to file a representation before the concerned authority, who in turn was directed to decide the matter and pass an appropriate order on the representation. The issue in this case are no more res -integra and has been time and again decided and settled that appointments made on ad hoc basis without any advertisement or selection were against the constitutional mandate of Article 14 and 16 of the Constitution of India and even Division Bench of this Court in identical matters have already dismissed several other petitions. The main contention raised by the respondents are that ad hoc promotion was given illegally and without any authority of law by incompetent persons and it was found that Regional Director was not even empowered to promote Class -IV employees to class -III post since the power vested only with the Director. Several batch of writ petitions were accordingly dismissed including the L.P.As. concerning the same department and same issue. Even otherwise this writ petition has been preferred belatedly in the year 2003
(3.) CONSIDERING the aforesaid facts and circumstances of the case I find no merit in this writ petition and the same is accordingly dismissed.;


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