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2013 DIGILAW 1254 (JHR)

Awadha Kishore Prasad v. State of Jharkhand

2013-11-21

SHREE CHANDRASHEKHAR

body2013
ORDER : The petitioners have approached this Court seeking quashing of order dated 26.03.2013 and a consequent direction for promotion on the post on of Circle Inspector-cum-Kanoongo. 2. The brief facts of the case are that, the petitioner no.1 joined the service on 28.11.1976 and the petitioner no. 2 joined the service on 29.11.1976. A seniority list was published in the year, 2012 in which the name of the petitioner no. 1 appeared at Sl. No.159 and the petitioner no.2 at Sl. No. 160. The name of the respondent nos. 8-21 appeared below the name of the petitioners in the said seniority list issued in the year, 2012. Nonetheless, the claim of the petitioners on the post of Circle Inspector-cum-Kanoongo was denied by letter dated 26.03.2013. 3. A counter-affidavit has been filed stating as under: "10. That it is stated and submitted that 44 revenue employees were given promotion to the post of Circle Inspector-cum-Kanoongo) from the departmental order as contained in memo no. 2460/Ra. dated 12.10.2009 issued under the signature of the Under Secretary, Revenue and Land Reform Department, Government of Jharkhand in which the position of the vacancy as on 14.02.2009 according to the roster clearance was as follows:- General Category - 60 posts Scheduled Tribe - 23 posts Scheduled Caste - 11 posts 11. That it is stated and submitted that the matter of the promotion on the 60 vacant posts of general candidates was considered by the departmental promotion committee in the meeting held on 25.08.2009 at 11.30 A.M. under the chairmanship of the Principal Secretary, Revenue and Land Reform Department, Government of Jharkhand. 12. That it is stated and submitted that the said matter of the promotion was considered till Shri Basudeo Mandal whose name appears at Sl. no. 96 of the seniority list in the agenda whereas the name of the petitioner-Awadha Kishore Prasad appears at Sl. no. 120. Therefore, the matter of the promotion of the petitioner-Awadha Kishore Prasad was not considered according to the vacancy. 13. That it is stated and submitted that Jharkhand Revenue Service Cadre (Appointment, Promotion and Service Condition) Regulation, 2011 was notified from the departmental notification as contained in memo no. 549/Ra. no. 120. Therefore, the matter of the promotion of the petitioner-Awadha Kishore Prasad was not considered according to the vacancy. 13. That it is stated and submitted that Jharkhand Revenue Service Cadre (Appointment, Promotion and Service Condition) Regulation, 2011 was notified from the departmental notification as contained in memo no. 549/Ra. dated 24.02.2012 issued under the signature of the Principal Secretary, Revenue and Land Reform Department, Government of Jharkhand according to which the promotions to the post of Circle Inspector-cum-Kanoongo have to be given to those revenue employee who hold the graduate degree. 14. That it is stated and submitted that from Sl. no. 159 onward the matter of promotion of the petitioners-Awadha Kishore Prasad and Another was considered in the meeting of the departmental promotion committee under the chairmanship of the Principal Secretary, Revenue and Land Reform Department, Government of Jharkhand held on 21.03.2013 and the recommendation of promotion was not made as because the petitioners are matric pass and the petitioners are not holding the graduate degrees.” 4. Heard learned counsel for the parties and perused the documents on record. 5. The learned counsel appearing for the petitioner submits that the plea taken in the counter-affidavit filed on behalf of the respondent nos. 1-3 that since the petitioners do not possess the qualification of graduation, their case was not considered for promotion, is contrary to the Resolution dated 24.02.2012. He has further submitted that though the petitioner no.2 also became eligible for promotion in the year, 2009 itself, the specific plea taken by the petitioner no.2 in the present proceeding has not been adverted or denied by the respondents. He has further submitted that from the admitted records, it would appear that the claim of the petitioners has been illegally denied by the respondents. 6. Per contra, the learned counsel appearing for the respondents has submitted that in terms of Resolution dated 24.02.2012 as the petitioners do not possess the qualification of graduation which is an essential qualification for appointment on the post of Circle Inspector-cum-Kanoongo, the petitioners' case was not considered. On these grounds, he has supported the impugned order dated 26.03.2013. 7. On a perusal of the Resolution dated 24.02.2012, I find that in Clause 7.5, the necessary educational qualification for direct recruits on the post of Circle Inspector-cum-Kanoongo has been provided as 'graduation' recognized by the University Grants Commission. On these grounds, he has supported the impugned order dated 26.03.2013. 7. On a perusal of the Resolution dated 24.02.2012, I find that in Clause 7.5, the necessary educational qualification for direct recruits on the post of Circle Inspector-cum-Kanoongo has been provided as 'graduation' recognized by the University Grants Commission. Clause 7.7 deals with the procedure for promotion. This is in two parts. Sub-Clause (K) deals with promotion on the post of limited examination and Clause 7.7 (Kha) deals with promotion on the basis of seniority-cum-eligibility. The relevant provision of the Circular dated 24.02.2012 is extracted below: 7.7 “Selection Process for promotion.––(K). 25% seats on the sanctioned post of Circle Inspector-cum-Kanungo will be filled up by Revenue Karamchari through Limited Competitive examination. For Limited Competitive Examination to have degree of Graduation of an University recognized by U.G.C. including other conditions. (i) For appearing in Limited Competitive Examination Revenue Karamchari should have minimum service of 10 years. (ii) Five year's character certificate is mandatory for promotion. (iii) No departmental proceeding should be pending. (iv) In case of proved prima facie charge promotion shall not be considered. (v) Service of Revenue Karamchari must be confirmed. (Kha). Rest 25% posts will be filled up by the promotion from Revenue Karamchari Cadre on the basis of seniority cum merit and as per established reservation policy of Government.” 8. Now adverting to the contention raised by the learned counsel for the respondents, I find that in paragraph nos. 13 & 14 of the counter-affidavit, the respondents have taken a specific plea that the claim of the petitioners could not be entertained though the persons from Sl. No. 159 onwards were considered for promotion as the petitioners are matric pass only. I am of the view that such a plea taken by the respondents is contrary to the express provision as contained in Clause 7.7 (Kha) of the Resolution dated 24.02.2012. The said provision clearly provides that 25% posts would be reserved for promotion on the basis of seniority-cum-merit. It nowhere says that a person must possess a qualification of graduation. The qualification of graduation is made essential only for direct recruitment and in any case where promotion is sought on the basis of limited departmental examination. Further, the counter-affidavit filed by the respondent nos. 1-3 is completely silent on the plea raised by the petitioners that the petitioners were eligible for promotion. The qualification of graduation is made essential only for direct recruitment and in any case where promotion is sought on the basis of limited departmental examination. Further, the counter-affidavit filed by the respondent nos. 1-3 is completely silent on the plea raised by the petitioners that the petitioners were eligible for promotion. No reason has been assigned by the respondents for not considering the case of the petitioners when they became eligible in the year, 2009. In view of the aforesaid the writ petition is allowed. The respondents are directed to consider the case of the petitioners for promotion on the post of Circle Inspector-cum-Kanoongo.