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2000 DIGILAW 389 (PAT)

Gajendra Thakur v. State Of Bihar

2000-03-08

M.Y.EQBAL

body2000
Judgment M.Y.Eqbal, J. 1. In this writ application, the petitioners seek issuance of appropriate writ, in the nature of mandamus commanding upon the respondents to give promotion on the post of Class III grade in the scale of Rs. 1,200-1,800 from the date the junior persons have been given promotion with all consequential benefits. 2. Petitioners case is that they were appointed on Class IV post during the period 1975 to 1992. The respondents-authorities took a decision to give promotion to the post of Class III grade from the employees working in Class IV grade and accordingly the petitioners along with several other persons working on class IV post were interviewed and typing tests were taken and ultimately, a panel was prepared for giving promotion to class III post. It is stated that interview was held in the year, 1994 and the Departmental Promotion Committee found the petitioners eligible for the purpose of giving promotion on Class III-post. It is stated that several persons whose names appear in the panel, have been given promotion on Class III post. It is stated that some of the persons moved this Court by filing C.W.J.C. No. 680/97R seeking similar relief and this Court allowed the writ application in terms of order dated 12.1.98 and, accordingly, all the writ petitioners were given promotion. Petitioners further case is that in 1998, the respondents-authorities again reviewed the case of class IV employees for giving promotion which is evident from the minutes of the proceeding dated 26.3.98. In the said meeting, it was also decided to give promotion to various persons against the vacant post. The petitioners thereafter, filed several representations but no decision for promotion of the petitioners have been taken by the respondents. 3. In the counter-affidavit, the respondents case is that in 1994 a Committee was constituted for considering the cases of the employees of Class IV post for promotion to Class III post. The said Committee fixed 16.8.94 for verification of papers and certificates and typing test of IVth grade employees. The petitioners had appeared before the Committee but they were not found lit for promotion to Class III post due to non-passing of typing test. Hence, the question of giving promotion to Grade III does not. arise. The said Committee fixed 16.8.94 for verification of papers and certificates and typing test of IVth grade employees. The petitioners had appeared before the Committee but they were not found lit for promotion to Class III post due to non-passing of typing test. Hence, the question of giving promotion to Grade III does not. arise. It is further stated that the names of the applicants are in the list prepared for promotion from IV grade to III grade post but they were not found fit for promotion as they could not qualify in typing test. It is further staled in the counter-affidavit that pursuant to Government letter dated 6.12.93 50% of the general vacancies are to be filled up by the Bihar Public Service Commission and. therefore, the respondents have no authority to appoint or give promotion to the petitioners. 4. I have heard Mr. A.K. Sinha, learned Counsel for the petitionex"s and Mr. Sohail Anwar, G.P. 1. 5. As noticed above, in the counter-affidavit, the respondents have stated that in 1994 a Committee was constituted for giving promotion to Class III post and the employees were interviewed and typing test was held and, thereafter, a panel was prepared. However, the stand of the respondents is that the petitioners did not qualify in the typing test and, therefore, the question of their promotion does not arise. But, from Annexure 7 to the supplementary affidavit which is a copy of the panel prepared in the year, 1994 it appears that the petitioners were also found tit for promotion. Relevant portion of Annexure-7 is reproduced hereinbelows: 6. It further appears from Annexure-2 which is a copy of the minutes of the proceeding dated 9.2.98 that the Committee again reviewed the cases of the employees of Class IV post and found the petitioners fit for promotion to Class III post It is, therefore, evident that the stand taken by the respondents in the counter-affidavit is contrary to their own documents, namely, the minutes of the. decision taken by the respondents. decision taken by the respondents. So far as the other stand taken by the respondents that after the amendment in the rule grant of promotion from Class IV to Class III post shall be through B.P.S.C. and now the respondents have no authority to grant promotion is concerned, admittedly promotion process was complete in the year, 1994 and a panel was prepared for giving promotion to the employees including the petitioners. It is also not disputed that many person from the said panel have been given promotion. Not only that even the persons whose names appear below the petitioners in the panel, have been given promotion pursuant to the order passed by this Court. In such circumstance, there is no justification for the respondents to take the stand that the cases of the petitioners will again be considered by the Bihar Public Service Commission. In this regard, reference may be made to a decision of this Court in the case of Sri Manx Kant Rajah V/s. State of Bihar 1997 20 PLJR 631. That was the case for appointment to the post of steno-cum-typist. The fact was that the candidates appeared in the test and interviewed in 1991 and secured much marks than the qualifying marks but a stand was taken by the respondents that subsequent, to the interview, process for appointment has been changed and now it is being made through the recommendation of the B.P.S.C. in the light of the circular dated 6.12.95. Their Lordships held that the respondents are duty bound to make appointment against the posts on the basis of the old rule/guidelines and there is no question of obtaining recommendations of the B.P.S.C. 7. Having regard to the facts and circumstances of the case. I am of the opinion that the instant case is fully covered by the judgment aforesaid rendered by a Bench of this Court. 8. This writ application is, therefore, allowed. The respondents are directed to consider the cases of the petitioners for promotion to class III post forthwith. However, there will be no order as to costs.