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Subhash Kumar Vs State of Jharkhand and Others

Date of Decision: June 21, 2006

Citation: (2007) 1 JCR 127

Hon'ble Judges: M.Y. Eqbal, J

Bench: Single Bench

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Judgement

M.Y. Eqbal, J.@mdashThe petitioner seeks a direction upon the respondents to consider to promote him to the post of Incharge, Sub Divisional

Welfare Officer from the date juniors to him have been given promotion. According to the petitioner, he joined the service in 1989 as Block

Development Officer and now he is posted as Block Welfare Officer, Lapung, Ranchi. It is stated that ignoring the case of the petitioner, oilier

officers including respondent No. 5 have been promoted to the post of Sub Divisional Welfare Officer.

2. A counter-affidavit has been filed by the State wherein it is stated that the matter of promotion of the petitioner and respondent No. 5 to the

post of Sub Divisional Welfare Officer is under consideration and now in process. There are temporary arrangements where some of the officers

including respondent No. 5 have been posted as Sub Divisional Welfare Officers. It is further stated that in fact, there is no vacant post of Sub

Divisional Welfare Officer in Ranchi District, hence the petitioner could not be made Incharge of Sub Divisional Welfare Officer.

3. This Court take judicial notice of the fact that the Government is in the habit of not making regular promotion and instead, filling up the

promotional posts by making temporary arrangements. This habit of the Government department is highly deprecated.

4. In view of the averments made in the counter-affidavit, the respondents, particularly the Secretary of the Department, are directed to fill up the

post of Sub Divisional Welfare Officers by making regular promotion. Since the matter is under process, it is expected that within two months from

today, all the posts of Sub Divisional Welfare Officer shall be filled up by regular promotion. Needless to say the case of the petitioner shall also be

considered alongwith others.

5. With the aforesaid directions, this writ petition is disposed of.