The main legal point established is that seniority in the feeder cadre should be considered for promotion, and subsequent departmental proceedings initiated after the eligibility for promotion cannot be used to deny the promotion.

Since the petitioner has filed an interlocutory application (I.A. No. 2786/2015) for deleting the name of respondent nos. 3 to 6 as no challenge has been made to their promotion, this writ application has proceeded on the basis of the averments made by the petitioner and respondent state only.

2. The petitioner in this writ application has prayed for quashing the order dated 13.01.2012 as contained in Memo No. 366, passed by the respondent no. 2, whereby and whereunder, the representation submitted by the petitioner in terms of the order passed by this Court in WPS No. 4584 of 2009 has been rejected.

3. The brief facts leading to filing of the present writ application is that the petitioner having been successful in the examination conducted by the Bihar Public Service Commission was allotted the Bihar Administrative Cadre and in pursuance thereof he was appointed to the post of Deputy Collector in the month of August, 1993.

4. After bifurcation of the State, the petitioner’s cadre has finally been allocated to the State of Jharkhand and presently he is posted as District Welfare Officer, Jamshedpur. A meeting of Departmental Promotion Committee was held on 1.12.2004 for considering the case of promotion to the Junior Selection Grade in the rank of Sub-divisional Officer, wherein the petitioner was found fit to be considered to the post of Junior Selection Grade. Subsequent thereto, the recommendation of the Departmental Promotion Committee was accepted and the petitioner was granted regular promotion in the rank of Sub-divisional Officer vide Notification dated 6.5.2005. The case of the private respondents was once again taken into consideration after confirmation of their services by the competent authority and accordingly pursuant to the meeting of the Departmental Promotion Committee held on 4.7.2005 and on the subsequent recommendations made therein, the private respondents were also granted regular promotion vide notification as contained in Memo No. 3690 dated 19.07.2007. For considering the case of other employees including the private respondents for promotion to the Senior Selection Grade in the rank of Additional Collector, a meeting of the Departmental Promotion Committee was convened and on the basis of the said meeting, the private respondents have been granted regular promotion in Senior Selection Grade vide Memo dated 31.08.2009, whereas the case of the petitioner was never considered and he was not promoted in Senior Selection Grade. Being aggrieved, the petitioner preferred a representation before the authorities but since the same was not being considered, the petitioner was constrained to file a writ application being WPS No. 4584 of 2009, which was disposed of on 19.10.2011 directing the petitioner to file a representation along with the copy of the order with respect to promotion to the post of Senior Selection Grade and the authorities were directed to take a decision in the matter relating to the promotion to the post of Senior Selection Grade within a period of three months. Pursuant to the order passed in WPS No. 4584 of 2009, the impugned order dated 13.1.2012 as contained in Memo No.366 was passed by the respondent no. 2, wherein the representation of the petitioner claiming for promotion to the Senior Selection Grade with effect from the date when the juniors were promoted, was rejected.

5. Heard Mr. Anil Kumar Sinha, learned senior counsel for the petitioner and Mr. Sumir Prasad, learned Standing Counsel No. 1.

6. Mr. Anil Kumar Sinha, learned senior counsel for the petitioner, has submitted that the petitioner being senior in the feeder cadre, which is in the rank of Junior Selection Grade, have been granted promotion with effect from 6.5.2005 and since the private respondents have been granted regular promotion with effect from 19.07.2007, accordingly, the petitioner is entitled to be promoted in the Senior Selection Grade at least from the date the juniors in the feeder cadre have been grant