Jharkhand Silk & Textile Technologists Services Association, Ranchi v. State of Jharkhand
2008-05-01
N.N.TIWARI
body2008
DigiLaw.ai
Order In this writ petition, the petitioner-association has prayed for quashing the decision, contained in Memo No. 1493 dated 27.9.2007, whereby the authorities have' fixed the ratio/quota illegally for the purpose of promotion to the posts of Manager/Assistant Director ignoring the post of Assistant Superintendent and the officers of equivalent posts working in the Sericulture Sector. 2. It has been stated that the pay-scale of the members of the petitioner-association holding the posts of Assistant Superintendent and the equivalent posts are equal to the posts of Industrial Extension Officer and that they are also entitled for consideration for promotion to the next higher posts of Manager/Assistant Director. The respondents in the said Memo No. 1493 dated 27.9.2007 (Annexure-4) have fixed quota for different posts, but the posts of the members of the petitioner-association have been excluded. The said Annexure-4 is, thus, arbitrary and is not sustainable. 3. The respondents in their counter affidavit have stated, inter alia, that the method of recruitment and condition of services of the persons appointed to the Bihar Industrial Services is governed by the rule known as Bihar Industries Service Cadre Rules, 1987. 4. Rule 11 (c) of the said Rules provides that the initial promotion shall be made amongst the officers listed in Schedule-IV appended to the rule on the basis of the seniority-cum-merit. Schedule-IV of the said Rules provides the list of officers in subordinate service for the purpose of consideration for promotion to the posts of Manager/Assistant Director. The said Schedule-IV includes the posts of Assistant Manager, District Industries Centers; Superintendent Cluster Type Training Centers/Model Center; Deputy Information Officer; Pilot Project Officer (Tessor); Other equivalent post in the Department; Industrial Extension Officer and Economic Investigators/Statistical Assistant/supervisor. 5. In view of Rule-11 (c) of the said Rules, the persons holding the above posts, as mentioned in Schedule-IV, are only prescribed for consideration for promotion to the posts of Manager/Assistant Director. The posts of the members of the petitioner-association of Assistant Superintendent and equivalent posts working in the Sericulture Sector are not included in the said Schedule-IV and, as such, they are not entitled for consideration of promotion to the posts of Manager/Assistant Director and there is no question of fixing any percentage or quota for the said posts. 6. I have heard learned counsel for the parties and perused the documents and materials on record.
6. I have heard learned counsel for the parties and perused the documents and materials on record. It is an admitted position that the appointment/promotion of the members of petitioner-association is governed by the Bihar Industries Service Cadre Rules, 1987. Rule-11 (c) provides for consideration of the persons for promotion to the initial cadre. 7. On perusal of the said Rules, it appears that the promotion to the initial rung of cadre has to be normally made from amongst the officers listed in Schedule-IV appended to the Rules. 8. On perusal of Schedule-IV of the said Rules, it is clear that the posts of the members of the petitioner-association are not included as feeder posts for consideration of promotion to the posts of Manager/Assistant Director. The parties are bound by the said Rules. The petitioner-association has not challenged the said provisions i.e. Rule 11 (c) and Schedule-IV to the Rules. The respondents are bound by the said provisions in which the posts of the members of petitioner-association are not included for consideration of promotion to the posts of Manager/Assistant Director. 9. In view of the above, the petitioner-association could not make out a case of interference with the impugned order, contained in Memo No. 1493 dated 27.9.2007 or for grant of the other relief, prayed for. 10. This writ petition is, accordingly, dismissed.