Md. Yousuf vs The State of Jharkhand and Others

Heard learned counsel for the parties.

Learned counsel for the State, in response to order dated 11.10.2011 submitted that process of making Rule is going on and it may take few months time.

Learned counsel for the appellant submitted that the appellant''s fault was that he opted for Jharkhand Cadre and the junior to him in the same service got promotion in the Bihar because the State of Bihar framed the Rules. It is also submitted that the appellant will be retiring in the month of January, 2012 only and if Rules are framed thereafter, he may not get promotion at all in spite of the fact that the appellant repeatedly submitted representations and approached this Court and before this Court the State only gave assurances that they will frame the Rule. It is also submitted that when State wants to frame a Rule, they frame the Rule within 24 hours and even issue ordinance. In this case, the State has deprived all the employees in the service, wherein petitioner-appellant is working, from their legitimate promotion and Assured Career Progression Scheme cannot give the status of promotee and can give only monetary benefits.

The time sought by the State is too much and has been sought after the order dated 11.10.2011, which cannot be appreciated because of the reason that the State should have taken it only before passing of the order dated 11.10.2011 and should have framed the rules. For framing Rules and examining all aspects in the Rule cannot take such time and, therefore, the State is directed to proceed expeditiously and submit the status report with respect to the framing of the Rule by or before 16.12.2011.

Put up on 16.12.2011.