Jharkhand High Court
Sanjay Kumar Singh vs Drinking Water And Sanitation on 1 July, 2014
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 4066 of 2013
---
Sanjay Kumar Singh --- --- ---- Petitioner
Versus
The State of Jharkhand & others --- --- --- Respondents
---
CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh
For the Petitioner: Mr. Deva Kant Rai, Advocate
For the State: JC to GP-V
---
03/ 01.07.2014The petitioner who was appointed on the post of Junior Accounts Clerk on 21st January 1992 in the Drinking Water and Sanitation Department of the erstwhile Government of Bihar, is seeking appointment to the post of Junior Engineer with effect from 7th April 2003 when he has completed his Diploma, in view of Circular dated 31st May 1976 (Annexure-1 to the writ petition). He has also relied upon a judgment dated 02nd July 2012 passed in WPS No. 4170/2003 by the learned Single Bench of this Court in support of his contention.
2. Respondents have enclosed a circular dated 20th November 1987 which they claim to have superceeded the Circular dated 31st May 1976. They have also enclosed a letter no. 273 dated 23rd January 1992 issued by the DOPT of erstwhile Government of Bihar, as per which, in matters of appointment to the post of Junior Engineer, Public Service Commission is the recruitment body and Public Works Department should not act upon the Circular dated 31 st May 1976 in view of the subsequent Circular dated 20th November 1987.
3. Counsel for the petitioner has enclosed a list of Part Time Diploma Holders who were appointed on the post of Junior Engineer even after the Circular of 1987. However, counsel for the parties are not able to inform the court as to whether any LPA has been preferred against the judgment dated 2nd July 2012.
4. Counsel for the State is therefore allowed one more indulgence to seek instruction in the matter.
5. Let the matter appear after one week under the same heading.
(Aparesh Kumar Singh, J) Ranjeet/