IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 2194 of 2009
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Rama Shankar Dubey & 27 others ... Petitioners
Versus
The State of Jharkhand and others... Respondents
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CORAM : HONBLE MR. JUSTICE R. K. MERATHIA
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For the Petitioners : M/s. S.B. Gadodia & Sumit Gadodia
For the Respondents : Mr. D. K. Dubey, S.C. (Mines)
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2. 19.02.2010
: 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
2.
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
3.
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.
(R. K. Merathia, J.)
MK