- (1.) HEARD learned counsel for the parties.
(2.) THE grievance of the petitioner, who has now retired from service, is that although for the past more than 34 years prior to the date of his retirement, he was working as a Senior Mechanic Grade - I in the Civil Wing of the department namely in the Road Constriction Department, he was not given promotion to the post of Foreman whereas other persons similarly working as Junior Mechanics Grade -I in the same department, were shifted to the Mechanical Wing and were granted promotion. Reference in this context has been given by the petitioner to the case of one Ashutosh Mitra who was employed as a Junior Mechanic in the Civil Wing of the Road Construction Department and later, even without transferring him to the Mechanical Wing, he was given promotion to the post of Senior Mechanic Grade -I by the Engineer -in -Chief namely the Respondent No. 3. Earlier the petitioner had approached this Court with his aforesaid grievance vide C.W.J.C. No. 3931 of 2000 (R) . While disposing of the writ application, a Bench of this Court had observed, from the statements contained in the counter affidavit of the respondents that the Civil Wing of Road Constriction Department and Mechanical Wing of Road Construction Department are the same department. The Chief Engineer, Road Construction Department and Superintending Engineer, Road Construction Department had recommended the case of the petitioner to the Engineer -in -Chief of the Road Construction Department for his promotion to the post of foreman but in spite of that the promotion has not been given to the petitioner. On the aforesaid observation, this Court while disposing of the writ application, had directed the Engineer -in -Chief, Road Construction Department, Jharkhand to consider the grievance of the petitioner for his promotion to the post of Foreman and take a decision in accordance with law.
(3.) IT appears that as per the directions contained in the order passed by this Court in the earlier writ application, the petitioner submitted his representation before the concerned authorities afresh but again, his prayer for promotion was rejected repeating the ground that the Mechanical Wing and the Civil Wing under the department are separate wings, each having its own gradation list of officers and the petitioner being in the Civil Wing, cannot claim promotion to the post of Foreman under the Mechanical wing.;