Dilip Kumar Sah, S/o Late Prahlad Sah v. State of Jharkhand
2016-10-17
SHREE CHANDRASHEKHAR
body2016
DigiLaw.ai
ORDER : Raising a grievance of alleged laxity on the part of the respondents not to promote the petitioner on Class-III post, the present writ petition has been filed. 2. Heard. 3. Referring to Annexure-B to the counter-affidavit which is the proceeding of the District Compassionate Appointment Committee which considered the claim of the petitioner along with others for appointment on compassionate grounds, the learned counsel for the petitioner submits that the decision taken by the Committee was not based on any statutory rules/guidelines and for that reason appointment of the petitioner on Class-IV post must be held unjustified. 4. It appears that after the death of father of the petitioner namely, Late Prahlad Sah, the petitioner was offered appointment vide memo dated 16.09.1999 and he was appointed on a Class-IV post. The petitioner claims to posses qualification of Intermediate in Science as well as typing certificate. The petitioner came to this Court in W.P.(S) No. 5758 of 2003 with a prayer for confirmation of his appointment on a Class-III post, on the ground that the respondents were taking work from him on a post which was a Class-III post. The writ petition was disposed of on 02.12.2003 with an observation that if cases for promotion from Class-IV to Class-III post are taken up, claim of the petitioner shall also be considered. 5. Admittedly, the prayer in the previous proceeding was different from the one made in the present proceeding. Vide order dated 02.12.2003 passed in W.P.(S) No. 5758 of 2003 this Court categorically observed that a person appointed on Class-IV post on compassionate grounds cannot seek appointment/confirmation to a Class-III post, subsequently. However, the petitioner has again moved this Court for a direction upon the respondents for his promotion on a Class-III post. In the counter-affidavit, the respondent State of Jharkhand has taken a stand that there is no promotional avenue for the appointees of Class-IV post to Class-III post. The claim of the petitioner for promotion on a Class-III post is his qualification of Intermediate in Science. Obviously, that cannot be a ground for granting promotion to the petitioner, de horse the rules. 6.
The claim of the petitioner for promotion on a Class-III post is his qualification of Intermediate in Science. Obviously, that cannot be a ground for granting promotion to the petitioner, de horse the rules. 6. In view of the fact that the petitioner accepted the offer of appointment on a Class-IV post vide memo dated 16.09.1999 and continued to work on the said post for more than 15 years, cannot seek promotion on a Class-III post for which there is no provision under the extant rules. Moreover, it is stated that all other financial benefits have already been granted to the petitioner. 7. In view of the aforesaid facts, I find no merit in the writ petition and accordingly, it is dismissed.