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2012 DIGILAW 817 (PAT)

Shailendra Kumar Jha v. State of Bihar

2012-06-17

RAVI RANJAN

body2012
ORDER Heard learned counsel for the petitioner and the State. 2. Petitioner seeks following reliefs:– (i) For issuance of writ in the nature of mandamus commanding the respondents to publish the gradation list of class IV employees posted under Addl. Director Health-cum-Chief Malaria Officer, Bihar. (ii) For issuance of writ in the nature of mandamus directing the respondents to promote the petitioner from class IV post to Class III post on the basis of his seniority after preparation of seniority list. (iii) For issuance of an appropriate writ, order of direction for any other relief/reliefs as your Lordship may deem fit and proper in the facts and circumstances of the case. 3. This is the third time, the petitioner has moved before this Court. On the first occasion, he filed C.W.J.C. No.2766 of 2001 for a direction to be adjusted in Class III Post as he was well qualified for that but, due to pressing circumstances at the time of appointment, he had accepted the appointment on compensate ground on Class IV Post in the year 1990. The writ application was disposed of on 01.03.2001 with a direction to the authorities to consider his case for adjustment/promotion to the Class III Post in accordance with law whenever it is possible at the earliest. Further, the petitioner was granted liberty to file a representation for considering his entitlement of salary equivalent to Class III post as he was performing such duty. Then again, the petitioner had approached this Court by filing C.W.J.C. No.12800 of 2003 which was disposed of on 7.4.2004 by order as contained in Annexure-3. This Court had disposed of the matter holding that it would not be possible to help the petitioner in view of the fact that the stand of the respondent is justified that the promotion would be consequent to the seniority and not consequent to the educational qualification. However, subsequently the State Government appears to have come up with a circular dated 31.3.11, a copy of which has been appended as Annexure-8, disclosing the decision of the State Government that the employees of Class IV who are having required qualification would be promoted to the post of clerk (Class “Samahue Gha” as incorporated in the Circular) on the basis of seniority list without appearing in any examination. It has been submitted that the list was prepared which has been appended as Annexure-11 on 11.08.2011 itself but no further development has taken place in this regard. 4. A counter affidavit has been filed on behalf of the State taking a stand that due to non-submission of information awaited from many of the Field Officers, the seniority list could not be prepared and due to this reason, promotion from IVth Class to IIIrd Class could not be given. It has further been stated that the petitioner has not been discriminated as none of the employees at par with the petitioner has been promoted in Grade III post. It is further submitted that since no one has been given promotion, petitioner cannot knock at the door of this Court for implementation of the concerned Circular. 5. This limb of argument advanced on behalf of the State is noted only to be rejected. Once the State Government has come up with a Circular granting certain relief to its employees, it cannot be denied to them for a long period otherwise the purpose of such Circular or Policy of the Government would be defeated. 6. Accordingly, this writ application is disposed of with a direction to the respondent no.3, the Director-in-Chief, Health Services, Govt. of Bihar, Patna, to take immediate steps for implementation of the decision of the Government disclosed in Circular No. 3ai-2-we.Pu.-02/2011/2937/wi dated 31.03.2011 (Annexure-8). Since such decision would grant benefit to a large number of employees of the State that should not be delayed rather the effort of the State authorities should be to act as expeditiously as possible. Thus, it is expected that the whole exercise would be completed within nine months.