1. The petitioners have approached this Court with a prayer for a direction upon the respondents to grant promotion to the next higher post of District Transport Officer in terms of the provisions as laid down under Jharkhand Motor Vehicle Inspector Cadre, 2010 as amended from time to time.

2. The factual exposition as has been delineated in the writ petition is that the petitioners were appointed by Bihar Public Service Commission to the post of Motor Vehicle Inspector on 01.02.1991 and 02.02.1991 respectively in the erstwhile State of Bihar. The Motor Vehicle Inspectors are the only technically gazetted qualified officers in the Motor Vehicle Department, appointed through selection procedure prescribed by the State Public Service Commission. After bifurcation of the erstwhile State of Bihar, the services of petitioners were allocated to the State of Jharkhand and after serving the Department with best of their ability in the State of Jharkhand, the petitioners were granted the benefits of First ACP w.e.f. 01.02.2003 vide Order No. 156 dated 24.11.2016 and Second MACP vide Departmental Order No. 118 dated 13.11.2017 w.e.f. 02.02.2011, after completion of 12/24 years of regular service respectively. It is specific case of the petitioner that the petitioners are working as Motor Vehicle Inspectors and are getting the Grade Pay of Rs.4800/- since 2011, which is the scale of Senior Motor Vehicle Inspector and are eligible for promotion to the next higher grade i.e. District Transport Officer as per Jharkhand Motor Vehicle Inspector Cadre (Appointment/ Promotion and other services condition) Rules, 2010 amended from time to time and under Rule 18 (kha) of the said Rule, there is a provision for promotion to the next higher post in the cadre i.e. from Senior Motor Vehicle Inspectors to District Transport Officer. It is specific case of the petitioners that they are eligible for being promoted to the next higher post i.e. District Transport Officer, but their cases have not been considered since, 2011. Aggrieved thereto, they have represented before the respondents for considering their cases as they are going to be superannuated on 31.12.2018 and 31.01.2020 respectively, but the respondents are sitting tight over the matter and no heed was paid and as such, the petitioners have been compelled to knock the door of this Court for redressal of their grievances.

3. Mr. Rajiv Ranjan, learned Sr. Advocate assisted by Mr. Shray Mishra, Advocate argues that petitioners are fulfilling all the eligibility criteria and also eligible under Rule 18 (kha) of the Jharkhand Motor Vehicle Inspector Cadre (appointment/promotion and other service condition) Rules, 2010 for being promoted to the post of District Transport Officer, but the respondent have illegally and arbitrary not taken any decision on the representations of the petitioner for promotion. The petitioners are workings as Motor Vehicle Inspector and are getting the Scale of Senior Motor Vehicle Inspector since 2011, but the said post is not sanctioned in the department although the cadre hierarchy envisages for the post of Motor Vehicle Inspector, Senior Motor Vehicle Inspector and District Transport Officer. Learned Sr. counsel further argues that as the petitioner No.1 is going to superannuate in this month, a direction may be given upon the respondents to consider the case of the petitioners for promotion to the post of District Transport Officer.

4. Per contra, counter-affidavit has been filed. Mr. Radha Krishan Gupta, learned counsel appearing on behalf of the respondents submits that case of the petitioners are not sustainable in the eyes of law. At this stage writ petition itself is premature. The Motor Vehicle Inspector Cadre (Appointment/Promotion and other service condition) Rules, 2010 has been forwarded by the Department for amendment and after approval of the same by the competent authority, the case of the petitioners for promotion shall be considered as per Rules and