JUDGMENT :

Deepak Roshan, J.

Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying for quashing of the order dated 29.10.2010 passed by the Joint Secretary, Jharkhand State Electricity Board, Ranchi; whereby the representfation of the petitioner for promotion has been rejected.

3. Brief fact of the case is that the petitioner was appointed in service of Respondent B.S.E.B. w.e.f. 19.01.1995 as an Operator. On 19.07.1999 he was appointed to the post of Junior Electrical Engineer (General cadre).

4. The grievance of the petitioner is that two persons, namely Shri Gopal Prasad Burnwal, whose date of joining is 20.12.1999 and Sri. Sudhir Kumar whose date of joining is 21.02.2000, as Junior Electrical Engineer (General Cadre) were given promotion to the post of Assistant Junior Engineer vide Notification dated 01.08.2007 but vide the same notification, the petitioner was only given the charge of Assistant Junior Engineer.

5. Mr. Jitendra Tripathy, learned counsel for the petitioner submits that the persons who were junior to the petitioner were given promotion to the post of Assistant Junior Engineer leaving behind this petitioner who admittedly joined the post of Junior Engineer prior to those two persons.

6. He further draws attention of this court towards the impugned order (Annexure-9) which says that the finding of the concerned respondent that the senior most Junior Engineers have been given promotion with effect from 27.6.2007, is erroneous and against the record of the respondent themselves wherein it is categorically mentioned that the date of joining of this petitioner as Junior Electrical Engineer is on 19.07.1999; whereas the date of joining of Gopal Prasad Barnwal is 20.12.1999. Similarly, date of joining of Sudhir Kumar is 21.02.2000. Thus, the finding that senior most Junior Electrical Engineer has been given promotion to the post of Assistant Engineer is incorrect on the face of it as such; the same is perverse.

7. Learned counsel further submits that since the juniors have already been granted promotion to the post of Assistant Electrical Engineer; as such the petitioner is also entitled for such promotion from that very date i.e. 27.6.2007; however, the petitioner was granted promotion to the rank of Assistant Electrical Engineer vide notification dated 28.07.2008, with effect from 05.07.2008, which is not in accordance with law.

8. Mr. Om Prakash Tiwary, learned counsel for the respondent submits that there is no error in the impugned order and when the minimum quota of A.M.I.E. degree holders was increased from 3% to 10%; the case of this petitioner was considered and the respondents have rightly promoted him from 05.07.2008.

9. Mr. Tiwary further refers Para 5 and 6 of the counter affidavit which is quoted below:

“5. That in reply to prayer made in para-1 and prayer portion, it is stated that the petitioner has filed this writ petition for quashing the reasoned order passed by the Joint Secretary, Jharkhand State Electricity Board on 29th October 2010 in compliance of order dated 12/8/2010 passed by this Hon'ble Court in W.P.(S) No. 3198 of 2010 (Annexure-8). The petitioner was initially appointed on a temporary post of Operator on 19/1/1995 and further he was appointed to the post of JEE (General Cadre) with effect from 19.7.1999. Sri. Gopal Prasad Burnwal and Sri. Sudhir Kumar, the names indicated in Annexure-7 have joined to the post of JEE (General Cadre) in the forenoon of 20/12/99 and 21/2/2000. The appointment of above two JEE was pursuant to order of CWJC No. 5096 of 1999 (Deo Nandan Meta v. Bihar State Electricity Board) as would be evident from Annexure-3.

6. That the service rendered on the post of Operator cannot be considered for seniority on the post of JEE as JEE is the entry point of appointment not a promotional post. The erstwhile BSEB, Patna has prepared the tentative gradation list of JEE (General Cadre) and circulated the same vi