- (1.) IN the instant writ petition the petitioner prays for issuance of an appropriate writ, order or direction for quashing the order issued by the Secretary, Co -operative Department, Govt. of Jharkhand, Ranchi contained in Memo No.1717/Ranchi whereby and whereunder the promotion given to the petitioner from Class -IV to Class -III post in pursuance of order contained in Letter No. 76/Ranchi dated 05.04.2004 has been recalled/cancelled. The petitioner further prays for directing and commanding upon the concerned respondents to immediately and forthwith promote the petitioner to the post of Class -III without any further delay.
(2.) IT appears that in the initial round the petitioner had preferred C.W.J.C. No.3039 of 1999 (R ) and vide order dated 7.6.2001 this Court had directed as under: - "Accordingly, without going into the merits of the case, at this stage, the respondent - authority, particularly, the Registrar, Cooperative Society, Govt. of Jharkhand, is directed to take final decision in this regard, as early as possible, preferably within three months from the date of receipt/production of a copy of this order." The petitioner was promoted on 5.2.04 by an order passed by the Secretary to the Government in compliance to the aforesaid direction issued by the Hon'ble High Court. Pursuant thereto another order has been passed on 3.11.04 by the then Secretary to the Government wherein once again the case of the petitioner is sought to have been considered and by a non -speaking order the earlier order passed on 5.2.04 promoting the petitioner to class -III was set aside. No reason has been assigned nor any opportunity was given before setting aside the aforesaid order passed by the then Secretary of Government which prima facie appears to be illegal. However, in the counter affidavit filed by respondent No.2 a decision dated 2.7.05 has been filed as Annexure - B whereby the Registrar, Co -operative Society, Jharkhand, after considering the entire matter has stated that the petitioner could not be appointed to Class -III grade due to absence of vacancy and accordingly his name was not recommended for the same. The three orders passed pursuant to the direction of the High Court does not stand to reason and is on the face of it self -contradictory. For the first time after filing of writ petition the plea of non availability of vacancy has been raised. There is another aspect of the matter that the petitioner who was earlier promoted has been demoted and the order is on the face of it punitive and involves civil consequences and the same is arbitrary, illegal and violative of Article 14 of the Constitution of India.
(3.) BE that as it may, considering the facts and circumstances of the case, it will be in the interest of justice to direct the respondent Nos.2 and 3 to consider and take a decision within a period of three months from the date of receipt of a copy of this order to promote the petitioner in the light of their own order dated 5.2.04 and also in view of the observation made in their order dated 2.7.05 provided that in the interregnum of 4 years the vacancy has been created.;