IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAVI RANJAN, SUJIT NARAYAN PRASAD, JJ.
Rishi Nandan, son of Late Ajay – Appellant
Versus
Shrawan Kumar, son of Late Ram Padarath Singh – Respondent
L.P.A. No.23, 24 of 2022
Decided on : 21-09-2022
Constitution of India, 1950 - Article 14 and 16 - General Cadre Rules, 1976 - Rule 7, 9 - Electricity (Supply) Act, 1948 - Section 79(C) - Order of promotion - Promotion to higher post - Seniority - Learned Single Judge has refused to interfere with decision as taken in Notification issued whereby Respondent No.6 has been granted promotion to post of Chief Engineer as also refused to pass positive direction for consideration case writ petitioners for promotion to post - Held, Right to hold post has accrued in favour of private respondents and once aforesaid right has accrued, promotion to higher post will be based upon seniority position of feeder cadre i.e., post of Superintending Engineer, which is just lower in hierarchy to that of post of Chief Engineer- Accepting order of promotion to post of Superintending Engineer fairly for a period of about three years, challenge to it along with order of promotion to post of Chief Engineer, cannot be accepted - Further, also for reason that private respondents have been held to be senior to that of appellants, on that account also, promotion granted to post of Superintending Engineer in favour of respondents cannot be said to suffer from illegality - After taking into consideration fact in entirety, has framed issue about fixation of seniority on day when concerned employees were not born in cadre, same has been answered against appellants, which, according to court considered view, cannot be said to suffer from any error for reason that appellant had not taken birth on day when private respondents were appointed – Appeals dismissed.
JUDGMENT :
Ravi Ranjan, J.
Both these appeals arise out of the same order, as such, with the consent of the learned counsel for the parties, are being heard together and are disposed of by this common order.
2. Both these intra-court appeals, preferred under Clause 10 of the Letters Patent, are directed against the order/judgment dated 21.12.2021 passed by learned Single Judge of this Court in writ petitions being W.P.(S) No. 4187 of 2018 and W.P.(S) No.681 of 2019 whereby and whereunder the learned Single Judge has refused to interfere with the decision as taken in the Notification bearing No. 1622 dated 01.08.2018 issued vide Memo No.1623 dated 01.08.2018 whereby the Respondent No.6 has been granted promotion to the post of Chief Engineer as also refused to pass positive direction for consideration of the case of the writ petitioners for promotion to the post of Chief Engineer or any equivalent post and further declined to direct the respondents to treat and/or reckon the date of promotion to the post of Electrical Superintending Engineer with effect from 31.03.2015, i.e., the date on which the persons junior to the petitioners including Respondent Nos. 6 to 16, have been promoted to the post of Electrical Superintending Engineer. The learned Single Judge has also refused to interfere with the decision of the authority as contained in Letter No. 198 dated 26.02.2009 by which a decision was taken for publishing final gradation list determining inter-se seniority of Assistant Electrical Engineers belonging to General Cadre appointed by the erstwhile Bihar State Electricity Board, Patna including Assistant Electrical Engineers for General Cadre so far as it relates to the petitioners.
3. PRAYERS MADE IN W.P.(S) NO. 4187 OF 2018 (L.P.A. NO.24 OF 2022)
The writ petition W.P.(S) No. 4187 of 2018 has been filed for following reliefs :-
(ii) For issuance of an appropriate writ/order/direction, including Writ of Mandamus directing the Respondent-authorities to consider the case of the Petitioners for promotion to the post of Chief Engineer or any equivalent posts, especially because the Petitioners are senior-most Electrical Engineers (General Cadre) and are, thus, entitled for consideration of their cases for promotion to the post of Chief Engineer or equivalent post.
(iii) For issuance of a further appropriate writ/order/direction directing the Respondent-authorities to treat and/or reckon the date of promotion of the Petitioners to the post of Electrical Superintending Engineer with effect from 31.03.2015 i.e. the date on which persons junior to the Petitioners, including Respondent No.6 to 16 have been granted promotion to the post of Electrical Superintending Engineer.
(iv) For issuance of a further appropriate writ/order/direction, including Writ of Declaration, declaring that Petitioners are senior to private Respondent No.6 to 16 and merely because said Respondent Nos. 6 to 16 have been granted promotion to the post of Electrical Superintending Engineer prior to the promotion given to the Petitioner on the said post, would not make Respondent No.6 to 16 senior to the Petitioners.
(v) In alternative to prayer (iii) and (iv) above, the Petitioners pray for issuance of further appropriate writ/order/direction, including Writ of Certiorari, for quashing/setting aside th
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
If an appointment is made by way of stop gap arrangement without considering claims of all the eligible available persons and without following rules of appointment, experience on such appointment ca....
Seniority - Incumbents from different streams with different quotas cannot challenge grant of seniority from back date to each other.
Promotion eligibility must align with established seniority rules; arbitrary criteria violate judicial mandates requiring reasoned decisions in service matters.
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