ORDER : Aparesh Kumar Singh, J. Heard learned counsel for the parties. 2. Petitioner, a peon in the Sub-Divisional Office, Pakur claims promotion to Class-III posts for which the respondent-authorities of the District of Pakur also conducted a limited competitive examination in terms of Jharkhand State Clerical Cadre(Recruitment, Promotion and Other Service Conditions) Rules, 2010. Petitioner came before this Court alleging that in the preparation of the roster, the Respondent-authorities did not follow the instructions of the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand contained in resolution no. 1072 dated 17.2.2009, which prescribes 5 points roster in cases of promotional exercise for the small cadre in view of the Circular No. 986 dated 30.3.2005 as is indicated at Appendix IV thereof. 3. Petitioner referred to the merit list at Annexure-5 where in the unreserved category, he was the 4th candidate after Manzoor Hussain, Sushil Kumar and Rajendra Nath Dubey. Manzoor Hussain and Sushil Kumar were promoted from the unreserved category by Annexure-6 bearing memo no. 336 dated 6.7.2012 to Class-III post as per the order of the Deputy Commissioner, Pakur. Rest 3 persons were promoted from the reserved category, though, 3 persons from the un-reserved category should have been promoted upon following the 5 points roster. However, after Manzoor Hussain accepted new appointment on the post of Amin, the respondents promoted Rajendra Nath Dubey, who has got one mark more than the petitioner in the examination conducted for promotion to Class-III posts. 4. However learned counsel for the petitioner submits that apart from all the legal grounds urged to seek promotion from Class-IV to Class III posts, as canvassed herein above, reliance is placed upon Annexure-7, which is a decision of the District Establishment Committee dated 7.7.2012 where under the respondents have decided to promote petitioner to Class-III posts of Clerk after the Class-IV post occupied by one Narmadeshwar Pandit, Clerk fell vacant on his inter District transfer. Learned counsel for the petitioner submits that respondents have neither addressed the issue relating to following 5 points roster as per Appendix IV nor given any reply to Annexure-7 where under they themselves have decided to promote petitioner to Class-III posts. Statements made at para 11 of the writ petition to that effect stands un-refuted at para 10 of the first counter affidavit. Statements made at para 11 of the writ petition to that effect stands un-refuted at para 10 of the first counter affidavit. Apart from that, learned counsel for the petitioner placed reliance upon Annexure-15, which is a decision of the District Establishment Committee dated 1.6.2013 in the matters of promotion of employees of the Health Department of the District of Pakur from Class-IV to Class-III posts. According to the petitioner, out of 5 vacant posts, 3 posts have been rightly allocated to the unreserved category by following 5 points roster and 2 posts have been reserved for the Schedule Tribe category. Therefore, different yardstick have been followed in the matter of promotional exercise for the Class-III posts in the same District. 5. Learned counsel for the respondent-State has referred to the 2 affidavits filed on their behalf and submitted that the promotional exercise has been done in accordance with the 2010 Rules. Petitioner has, in a misconceived manner interpreted the said Rules to mean that promotion to Class-III post is to be undertaken on the basis of seniority cum merit. As a matter of fact under the Rules of 2010, the eligible Class-IV employees are required to face limited competitive examination, where after the merit list is prepared and placed in order of seniority of Class-IV employees. Therefore, on preparation of merit list petitioner was found to be at serial no.4 in the unreserved category where 2 posts were earmarked for the unreserved category by the respondents amongst 5 vacant posts. Learned counsel for the respondent-State however is not able to give clear reply to the averments and the submissions made in respect of Annexure-7, decision of the District Establishment Committee, Pakur dated 7.7.2012 relating to promotion of the petitioner to Class-III post. 6. All relevant material facts pleaded, which have been noticed herein above persuade the Court to come to the conclusion that leaving aside the legal issue raised on the part of the petitioner in the matter of preparation of roster in the instant promotional exercise, if the respondents have themselves taken a decision to promote the petitioner to Class-III posts upon vacancy being created on inter-district transfer of Clerk, Narmadeshwar Pandit, no formal order of promotion relating to petitioner has been issued thereafter without any reason explained in the counter affidavit filed on their behalf. 7. 7. Therefore, this Court is inclined to issue directions upon the respondent-Deputy Commissioner, Pakur to take a decision in the matter of promotion of the petitioner to Class-III posts in accordance with law keeping into account the decision of the District Establishment Committee contained at Annexure-7 to the writ petition dated 7.7.2012 within a reasonable time preferably 12 weeks from the date of receipt of the copy of this order. Petitioner may also make a representation before the respondents in pursuit of the aforesaid claim. The writ petition is disposed of accordingly. Petition disposed of.