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Arjun Hembrom vs State Of Jharkhand & Ors on 6 November, 2009

Jharkhand High Court
Arjun Hembrom vs State Of Jharkhand & Ors on 6 November, 2009
          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P.(S) No. 1553 of 2003
           Arjun Hembram          .............          Petitioner
                              Versus
          The State of Jharkhand & others.....     Respondents.
                        .............
CORAM:    THE HON'BLE MR. JUSTICE AMARESHWAR SAHAY

          For the Petitioners         Mr. V.K. Tiwary
          For the State:              Mr. R.K. Singh, G.P. IV

06/06.11.2009

Heard the learned counsel for the parties and with their
consent this writ application is being disposed of at this stage itself.

The petitioner, who is a member of the scheduled tribe, was
working as a peon grade IV employee, posted in the office of the
Sub-divisional Officer, Godda, moved this Court earlier in C.W.J.C.
No. 4276 of 2000 praying therein for direction to the respondents to
consider his case for promotion/ appointment from Class IV post to
Class III post with effect from 1992 i.e. the date on which the
persons junior to him, were granted promotion to Class III post. The
said writ petition was disposed of by order dated 20.12.2000
directing the petitioner to file a detail representation before the
Deputy Commissioner, Godda, and his representation was directed
to be disposed of by a reasoned order within a period of one month
from the date of filing of such representation.

It appears that pursuant to the aforesaid order of this Court
an order as contained in Annexure-10 dated 19.3.2001 has been
passed by the Deputy Commissioner, Godda, whereby the Deputy
Commissioner has held that at present he cannot make any
appointment on grade III post and, therefore, after placing all the
facts, necessary guideline be sought for from the Department of
Personnel, Administrative Reforms and Rajbhasa, Government of
Jharkhand, Ranchi and thereafter a decision be taken in the matter,
Thereafter the petitioner moved this Court in the present writ
application praying for direction to the respondents to consider his
case for promotion with effect from 1992 mainly on the ground that
though he is fulfilling all the requisite qualification and experience,
but ignoring his claim, the person junior to him has been promoted/
appointed to Class III post from Class IV post, but the case of the
petitioner has not been considered. In the writ petition the
petitioner cited the case of one Lalit Thakur, who is said to be junior
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to the petitioner, has been promoted/ appointed to Class III post by
issue of an order dated 17.3.1992 as contained in Annexure-4 to the
writ petition.

From the order as contained in Annexure-10 dated 19.3.2001
passed by the Deputy Commissioner, Godda, it appears that
pursuant to the resolution no. 2215 dated 11.2.1985 the matter for
filling up 25 posts of the total vacancy in grade III post from grade
IV employees in the Collect orate was considered and on
consideration of the same in a meeting a resolution was taken to
promote 6 peons grade IV employees to grade III posts, but the
case of the petitioner was not considered in the said meeting.

Now after issue of letter/ circular dated 7.2.2000 for
appointment to grade III posts a decision has been taken that 50%
of the total post has to be filled up from grade IV employees and
50% of the post has to be filled up by direct recruitment.

It is not disputed that though the petitioner was eligible to be
appointed/ promoted to grade III post having requisite qualification
and experience, but his case for promotion to grade III post was not
considered, rather it is stated that service book of the petitioner was
not sent. But as it appears from the documents annexed with the
writ petition that the service book of the petitioner was forwarded
vide letter no. 135 dated 29.5.1992 for promotion to Class III post
and even the Sub-Divisional Officer, Godda, by his letter dated
7.9.1994 sent the name of the petitioner with others for
consideration of his case for promotion to Class III post. It is also
not disputed that one Lalit Thakur , who was junior to the petitioner
in service, was promoted to grade III post. The circular of
6.12.1995 issued by the Government of Jharkhand speaks about
filling of the posts of grade III by the Bihar Public Service
Commission after taking examination, cannot be made applicable to
the case of the petitioner, since it was issued in the year 1995,
whereas the petitioner was entitled to be considered for promotion/
appointment to Class III post in the year 1992 itself and in fact one
junior person to the petitioner in service, namely, Lalit Thakur was
promoted/ appointed to Class III post. Therefore, in my view, the
petitioner is entitled to be considered for promotion to Class III
post.

Accordingly, This writ petition is allowed. The order as
contained in Annexure-10 dated 19.3.2001 passed by the Deputy
3

Commissioner, Godda, is hereby quashed and the respondents are
directed to take a decision in the matter and pass an appropriate
order within a period of 4 months from the date of receipt/
production of a copy of this order.

With the aforesaid observations and directions this writ
application stands disposed of.

(AMARESHWAR SAHAY, J)

SI/Sharma

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