Research › Search › Judgment

Jharkhand High Court · body

2010 DIGILAW 174 (JHR)

Maldeo Das v. State of Jharkhand

2010-02-01

D.G.R.PATNAIK

body2010
JUDGMENT Heard the learned counsel for the parties and with their consent, this writ application is disposed of at the stage of admission. 2. The petitioners, in this writ application, have prayed for issuance of a direction commanding upon the Respondents to consider the petitioners' case for their promotion to the post of the 'Panchayat Sevaks' after relaxing their upper age limit. 3. From the submissions, it appears that the petitioners were appointed on the post of 'Dalpatis' by the Executive committee of the different 'Panchayats' and their appointments were subsequently confirmed by the District Level Committees. The petitioners had also undergone the requisite Training for gaining eligibility for their promotions to the post of the 'Panchayat Sevaks'. Such Training were completed by them in between 1988 to 1996. Later, upon considering the cases of the petitioners for their promotions, the District Selection Committee by its decision dated04.01.2003, had recommended for relaxation of the upper age limit of the petitioners and for their appointments to the post of the 'Panchayat Sevaks'. The recommendation was issued under the signature of the Deputy Commissioner, Chatra. It appears, however, that despite such recommendation made on 04.01.2003, yet by a subsequent order dated08.01.2004, (Annexure-E), issued under the signature of the Deputy Commissioner, Chatra, it has been declared that there was no justification or reasonable ground for extending relaxation of the upper age limit of the petitioners. 4. Learned counsel for the petitioners invites attention to a recent Circular, issued by the State Government in the Department of Panchayati Raj and N.R.E.P. Special Division, Government of Jharkhand, dated06.01.2010, whereby the decision taken by the Government has been notified and under which it has been declared that for the purposes of enabling promotion to the 'Dalpatis' to the post of 'Panchayat Sevaks', keeping in view the period of service undergone by them as 'Dalpatis', relaxation up to the maximum age limit of 55 years may be given. Learned counsel submits that in the light of the above Circular, the Respondents ought to have taken a fresh decision on the prayer of the petitioners for their promotion to the post of 'Panchayat Sevaks'. 5. Learned counsel submits that in the light of the above Circular, the Respondents ought to have taken a fresh decision on the prayer of the petitioners for their promotion to the post of 'Panchayat Sevaks'. 5. Considering the above submissions, this writ application is disposed of with a direction to the Respondent No. 3, namely, the Deputy Commissioner, Chatra to take a fresh decision upon the petitioners' claim for relaxation of their age, in terms of the Government Circular dated06.01.2010 and take an appropriate decision on the petitioners' claim for promotion, by passing a reasoned and speaking order and shall effectively communicate such decision to the petitioners. In the event, a final decision to grant promotion to the petitioners to the post of 'Panchayat Sevaks' is taken, then appropriate orders may also be passed with respect to the inter se seniority of the petitioners. This exercise must be initiated and completed within a period of three months from the date of receipt/production of a copy of this order. 6. Let a copy of this order be given to the learned counsel for the Respondents.