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2010 DIGILAW 614 (JHR)

Deepak Kumar v. State of Jharkhand

2010-05-18

D.G.R.PATNAIK

body2010
Order Heard counsel for the parties. 2. The petitioners in this writ application, have prayed for the following relief (s): i. To quash the appointment notice (Annexure-2) published by the respondents for the appointment to Class-III posts in which - it has been mentioned that the Daily Wage Workers who have worked regularly for 240 days, will be given weightage in the matter of appointment. ii. For a direction upon the respondents to give weightage to the petitioners on the ground that they have been discharging their duties in Class-IV post as permanent employees for the past more than 30 years and they are entitled to be considered for their appointment on Class-III posts. ' iii. For a direction upon the respondents to consider the cases of Class-IV employees as per the Government Circular which provides that 50% of Class-III posts shall be filled up from amongst IVth grade employees. iv. For a direction upon the respondents restraining them not to fill up the post which are earmarked• for Class-IV employees against 50% of the post of Class-III posts in the regular appointment in the Class-III posts. 3. From the undisputed facts, it appears that the petitioners were appointed in the Minor Irrigation Department of the State Government on permanent Class-IV post between 1972 to 1987 and they have been discharging their duties regularly. 4. Consequent upon issuance of the Circular by the State Government on 14.1.1990 that 50% of Class-III posts of respective departments of the State Government would be filled up from amongst the Class-IV employees and the remaining by direct recruitment, the petitioners were hopeful that the necessary process will be initiated by the concerned authorities of the respondents for appointing them to Class-III post in accordance with the Rules of Procedure. 5. The grievance of the petitioners is that by taking the plea and recourse to the order of the Supreme Court dated 30.10.2000 passed in S.L.P.(C) No. 18154 of 1999, the respondents have been appointing the daily wage employees to Class-III posts and that too, not in accordance with the procedure laid down for appointment and in the process, have been ignoring the genuine demands of the petitioners. . 6. . 6. Learned counsel for the petitioners submits that the judgment of the Supreme Court has been passed in the context of the grievance raised by the daily wage employees who were working for more than 240 days in a year for years together and upon considering the scheme adopted by the State of Bihar dated 18.6.1993, the Supreme Court by the aforementioned order, had directed the State Government to constitute a committee which would be vested with the authority to scrutinize the cases of the daily wage employees and recommend their appointment to the vacant posts. The aforementioned order of the Supreme Court, according to the learned counsel, does not indicate anywhere that prohibition has been imposed upon the State Government not to proceed with the appointment of the regular Class-IV employees who may be entitled for consideration of their respective cases for their appointment to Class-III posts. It is further submitted that instead of taking up the cases of permanent Class-IV employees who are working for decades together, the Secretary of the department, even though he does not have any authority vested in him, has been proceeding to make appointment of the daily wage employees to Class-III posts without adhering to the Rules of the State Government, particularly the Rules declared in the Circular dated 6.12.1995 (Annexure-4) issued by the State Government, in the matter of appointment of persons to Class-III posts. 7. Per contra, the stand taken by the respondents, as appearing in their counter-affidavit as also in the supplementary counter affidavit, is that considering the directives of the Supreme Court in the aforementioned order, the State Government is obliged to appoint the daily wage employees in Class-IV and Class-III vacant posts and the petitioners cannot possibly raise any dispute against the respondents in disowning such obligation. Learned counsel would explain that such appointment of the daily wage employees has been made in accordance with the directives contained in the Supreme Court's order. Learned counsel explains further with reference to the statement contained in the supplementary counter affidavit, that it is incorrect to say that the respondent authorities are not conscious of the grievance of the regular Class-IV employees to consider their cases for their promotion to Class-III post. Learned counsel explains further with reference to the statement contained in the supplementary counter affidavit, that it is incorrect to say that the respondent authorities are not conscious of the grievance of the regular Class-IV employees to consider their cases for their promotion to Class-III post. Rather, the process .has already been initiated in this context by identifying as many as 102 vacant posts which would be filled up in accordance with the Government Circular No. 786 dated 14.10.1990. Learned counsel informs that since the Rules stipulate that 50% of the vacancies shall be filled up by direct recruitment and the remaining 50% would be filled up from the existing Class-IV employees, the process for their appointment shall be taken up in due course and such of the candidates who qualify in the prescribed limited departmental examination, may be appointed by way of their promotion to Class-III post. 8. Learned counsel for the petitioners intervenes at this juncture to inform that to the petitioners' definite knowledge, earlier, quite a number of vacancies were identified in Class-III post, out of which, the State Government ought to have filled up 50% from amongst the Class-IV employees, but the fact would indicate that out of the 114 identified vacancies, the 62 posts have already been filled up by direct recruitment. . 9. Be that as it may, since there appears no controversy with the fact that the State Government has already initiated the process for filling up the identified vacancies from amongst the existing Class-IV employees, the petitioners shall avail their chance to demonstrate their eligibility by qualifying in the departmental examination. The respondent authorities, in their turn, shall afford opportunity to the petitioners to appear at the prescribed examinations. The respondents shall also ensure that the process of filling up the existing vacancies in Class-III posts by promotion/appointment of the existing Class-IV employees, should be expedited at the earliest and shall also ensure that the vacancies are not completely filled up only by absorption of the daily wage employees. The entire exercise must be completed preferably within a period of six months. With these observations, this writ application is disposed of. Let a copy of this order be given to the counsel for the respondent State.