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2016 DIGILAW 1231 (JHR)

Dalapati Munda v. State of Jharkhand

2016-08-08

H.C.MISHRA

body2016
ORDER : 1. Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners have filed this writ application for directing the respondent authorities to consider the claim of the petitioners for promotion to Class-III posts from Class-IV posts and they have also challenged the letter No. 1449 dated 10.11.2012, issued by the Deputy Collector (Estb), Singhbhum East, Jamshedpur, whereby the petitioners were informed that the Deputy Commissioner, Singhbhum East, Jamshedpur, had refused the proposal for promotion of the petitioners to Class-III posts, in view of notification No.1749 dated 27.3.2010 issued by the State Government, in its Personnel, Administrative Reforms and Rajbhasha Department. 3. The petitioners are Class-IV employees working in the office of Deputy Commissioner, East Singhbhum at Jamshedpur, and they claimed that they are eligible for promotion to Class-III posts. The State Government of Jharkhand has framed the Rules as contained in Notification No. 1749 dated 27.3.2010, which speaks about the filling up 15% of the Class-III posts falling vacant in a year by promotion from Class-IV posts, and 85% through direct recruitment, to be conducted through Stall Selection Commission, Jharkhand. The Rules so framed, provides for filling up the 15% posts reserved to be filled up by promotion, through Limited Competitive Examination. Though, it is not stated in so many words in the Rules that this Limited Competitive Examination has to be taken by the Jharkhand State Staff Selection Commission, but Rule 4 (kha) (anga) provides that the life of Panels to be prepared for direct recruitment as well as promotion by Limited Competitive Examination shall be for one year from receiving the panel from the Commission. 4. By order dated 18.7.2016, passed by this Court, the Principal Secretary to the State Government, in its Department of Personnel, Administrative Reforms and Rajbhasha, was directed to clarify the position and to file counter affidavit clearing the position, whether the Limited Competitive Examination for filling up the 15% posts reserved to be filled up by promotion, has also to be taken by the Jharkhand State Staff Selection Commission, or by the department / office concerned. 5. 5. A supplementary counter affidavit has been on behalf of the State Government, pursuant to the above order, which is sworn by the Under Secretary to the State Government in the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi stating that he has been authorized to swear the affidavit. The position has been clarified in the supplementary counter affidavit, from which, it appears that the Limited Competitive Examination for promotion to the Class-III posts from Class-IV posts have also to be taken by the Staff Selection Commission, Jharkhand. A letter bearing No. 1437 dated 8.4.2016 has also been brought on record by way of Annexure-A, which is addressed to the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi, wherein it is stated that according to the Rules, 85% of the Class-III posts have to be filled up by direct recruitment and 15% posts of Class-III posts have to be filled up by promotion. It is also stated that the Staff Selection Commission was requested to initiate the process of recruitment on 983 posts by issuing advertisement for direct recruitment, but 15% of those posts, which comes to 147 posts, have to be earmarked to be filled up through promotion, as such, 837 posts should be filled up through direct recruitment and remaining 147 posts have to be filled up through Limited Competitive Examination. The Principal Secretary of the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi, was thus requested to get the earlier request made to the Staff Selection Commission modified accordingly, and the steps be taken for publication of advertisement for Limited Competitive Examination also. Another letter as contained in Memo No. 3372 dated 26th April, 2016, has been brought on record, as Annexure-B to the supplementary counter affidavit, which shows that the requisition has also been made, attaching the letter No. 1437 dated 8.4.2016 for the needful, to the Jharkhand Staff Selection Commission, Ranchi. 6. Another letter as contained in Memo No. 3372 dated 26th April, 2016, has been brought on record, as Annexure-B to the supplementary counter affidavit, which shows that the requisition has also been made, attaching the letter No. 1437 dated 8.4.2016 for the needful, to the Jharkhand Staff Selection Commission, Ranchi. 6. In view of the supplementary counter affidavit, filed on behalf of the State of Jharkhand, the position is now absolutely clear that even for filling the Class-III posts under the promotional quota, Limited Competitive Examination is to be taken by the Jharkhand Staff Selection Commission, for which, requisition has already been made by letter dated 26th of April, 2016, as contained in Annexure-B to the supplementary counter affidavit, filed on behalf of the State of Jharkhand. 7. In that view of the matter, nothing else remains to be decided in the matter, except directing the respondent authorities to get the advertisement published and complete the selection process at the earliest. It goes without saying that the petitioners, if eligible, for such promotion may also apply upon publication of the advertisement and take their chance along with the other eligible candidates. 8. With these directions, this writ application stands disposed of.