The State of Jharkhand and Others vs Awadha Kishore Prasad and Others

Dhirubhai Naranbhai Patel, Actg. C.J.

This letters patent appeal has been preferred against the order dated 21.11.2013 passed by the learned Single Judge in WP(S) No. 2410 of 2013 Ed.-- Reported in Awadha Kishore Prasad and Suresh Choudhary Vs. The State of Jharkhand and Others, , whereby, the learned Single Judge has allowed the writ petition of the original writ petitioners and a direction has been given to the original respondents to consider the case of the original petitioners for promotion on the post of Circle Inspector-cum-Kanoongo. The counsel appearing for the appellant (original respondents) submitted that the minimum qualification for the post of Circle Inspector-cum-Kanoongo is graduation and these original petitioners, who are respondents in this letters patent appeal are not graduate and hence, they cannot be promoted on the post of Circle Inspector-cum-Kanoongo.

It is submitted by the counsel for the respondents (original petitioners) that the post of Circle Inspector-cum-Kanoongo can be filled up by three methods: (a) by direct recruitment, (b) by Promotion from the post of Revenue Karamchari, on the basis of seniority-cum-merit, and (c) by limited competitive examination. It is further submitted by the counsel for the respondents (original petitioners) that for direct recruitment, there is a qualification of graduation as per Clause 7.5 of the Regulation, 2011, issued by the State of Jharkhand, which is at Annexure-3 to the memo of instant appeal, whereas, for promotion from the feeder cadre only upon seniority-cum-merit, 25% of the seats will be filled up. Thus, the ratio for the post of Circle Inspector-cum-Kanoongo is 50:25:25 i.e. 50% posts of Circle Inspector-cum-Kanoongo will be filled up by direct recruitment, 25% of the said post will be filled up from promotion from the post of Revenue Karamchari on the basis of their seniority-cum-merit and remaining 25% posts will be filled up by limited competitive examination. Thus, graduation is not required for promotion as per Clause 7.7 (Kha) of the Jharkhand Revenue Service Cadre (Appointment, Promotion and Service Conditions) Regulation, 2011 (for the sake of convenience hereinafter referred to as "Regulation, 2011).

On the basis of the aforesaid Regulation, 2011, it is submitted by the respondents (original petitioners) that no error has been committed by the learned Single Judge in appreciating the Regulation, 2011 in giving direction to the original respondents to consider the case of the original petitioners for promotion on the post of Circle Inspector-cum-Kanoongo.

Having heard the counsel for both sides and looking to the facts and circumstances of the case, it appears that the post of Circle Inspector-cum-Kanoongo can be filled up by three methods: (a) by direct recruitment, (b) by Promotion from the post of Revenue Karamchari, on the basis of seniority-cum-merit, and (c) by limited competitive examination. In view of the aforesaid methodology, there are separate Clause in the Regulation, 2011 for these types of appointment. Clause No. 7.5 of the Regulation, 2011 is meant for direct recruitment, Clause No. 7.7(Kha) of the Regulation, 2011 is meant for promotion from the post of Revenue Karamchari and the Clause No. 7.7(Ka) of the Regulation, 2011 is also meant for limited competitive examination.

Here, we are concerned with the promotion from the post of Revenue Karamchari to the post of Circle Inspector-cum-Kanoongo, which is mentioned in Clause No. 7.7(Kha) of the Regulation, 2011, which is at Annexure-3 to the memo of instant appeal.

Looking to the provisions of Clause 7.7(Kha) of the Regulation, 2011, the post of Circle inspector-cum-Kanoongo will be filled up upto 25% by giving promotions to the employees, who are Revenue Karamchari, on the basis of their seniority-cum-merit. Nowhere, it has been mentioned that graduation degree will be required for the said promotion. This aspect of the matter has been properly appreciated by the learned Single Judge.

The counsel for the appellants submitted that even for promotion, there is minimum qualification is graduation. This contention is not accepted by this Court mainly for the reason that for the direct recruits on the post of Circle Inspector-cum-Kanoongo, there is requirement of graduation degree as per Clause 7.5 of the Regulation, 2011, whereas, the same is not there for promotion as per Clause 7.7(Kha) of the Regulation, 2011.

In view of these facts, we see no reason to entertain this letters patent appeal, as the learned Single Judge has properly appreciated this aspect of the matter and has also given direction to the present appellants (original respondents in the writ petition) to consider the case of the present respondents (original petitioners in the writ petition) for the promotion on the post of Circle Inspector-cum-Kanoongo. There is no substance in this letters patent appeal.

We, hereby, direct the present appellants (original respondents in the writ petition) to consider the case of the present respondents (original petitioners in the writ petition) for promotion on the post of Circle Inspector-cum-Kanoongo within a period of 8 (eight) weeks from the date of receipt/production of a copy of the order of this Court. Accordingly, this letters patent appeal stands dismissed.