Rama Shankar Dubey and Others vs The State of Jharkhand and Others

R.K. Merathia, J.—The grievance of the petitioners is that the limited competitive examination has not been held for several years and therefore in view of the Circular of the Govt. of Bihar issued from the Department of Personal, Administrative Reforms and Rajbhasha dated 16.9.1992, the petitioners should be promoted without taking such examination on the basis of their seniority and minimum qualification. The minutes of the meeting held on 22.10.2008 and 20.11.2008 were also relied. It is further submitted that promotions were granted without examination to some persons. It is lastly submitted that either examinations be held or promotion be granted without examination.

Petitioner is relying on paragraph ''Ka'' of the said circular dated 16.9.1992, but it only indicates the resolution between the representative of the employees and the State Govt. but on such resolution decision was taken for filling up 50% of class III posts only after passing the limited competitive examination. From the said resolution it further appears that there is no provision for "promotion" from class IV to class III post. Certain percentage of class III posts are to be filled up from the candidates having required qualification, only after taking limited competitive examination. As such examination were not held for several years, it was resolved that if the State Staff Selection Board is not constituted by 31.12.2008, and no examination is held, then necessary process should be started in terms of the said circular dated 16.9.1992. Such suggestions were not accepted by the employees and they repeated their demand of giving promotion, without examination. On this the Chairman requested the Secretaries of Personal and Finance Department to place their stand on the circular dated 16.9.1992.

In the meeting held on 22.11.2008 the employees claimed promotion in terms of circular dated 16.9.1992, on which they were given time to go through the written stand of the Personal and Finance Department. However, it was observed that circular dated 16.9.1992 is in force in Jharkhand.

Thus, it appears that the circular dated 16.9.1992 is being misread/misinterpreted by the petitioner. As noticed above, neither any decision was taken in the circular dated 16.9.1992 to grant promotion without examination, nor such decision was taken in the meeting held on 22.10.2008 and 20.11.2008.

Further in none of the order passed by this Court it is decided that promotion/appointment can be made from class IV to class III posts without examination.

According to the petitioners some of the class IV of the Water Resources Department were given promotion without passing examination. But, it appears that the promotion granted to them was set aside by this Court, on the ground that Chief Engineer could not grant promotion, and such power was vested with the Establishment committee. Then, they moved this Court, but this Court affirmed their reversion from class III to class IV post. However, the department was directed to initiate process afresh, in accordance with law. When such process was not done within the time frame, a contempt case was filed in which direction was given to complete the process within a given time. Then the Establishment committee promoted those employees. On the basis of such example, the petitioner can not claim that they should be promoted without examination. As already noticed above, even the circular dated 16.9.1992 contemplates limited competitive examination.

The stand of the respondents-State is that in terms of Resolution No. 4161 dated 8.7.2008, examination will be taken by the Member Board of Revenue, Ranchi.

In the circumstances, respondents are directed to complete the process of filling up class III posts from class IV posts in terms of the said Resolution dated 8.7.2008 as early as possible and preferably within four months from the date of receipt/production of a copy of this order.

With these observations and directions, this writ petition stands disposed of.

Let a copy of this order be handed over to the State counsel, as prayed.