BINOD KUMAR, SON OF SHRI LALAN PRASAD VERMA Vs. STATE OF BIHAR, THROUGH THE SECRETARY, EXCISE AND PROHIBITION DEPARTMENT, NEW SECRETARIAT, VIKASH BHAWAN, PATNA

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner was working as an Accounts Clerk in the Excise Department. The writ application has been filed for granting him promotion to the post of Sub-inspector of Excise as par the rules contained in annexure 2 and 2/1 which envisage that 60% of the posts would be filled up by direct recruitment and 40% of the posts would be filled up by promotion subject to certain conditions as mentioned in the rule aforesaid.

(3.) Certain facts are not disputed. Firstly, that petitioner's date of birth was 4.7.1950 and that he was entitled for consideration for the years 1983-84 and 1984-85. The rules for recruitment of Sub-inspector of Excise issued on 3rd of July, 1954, under Article 309 envisage that the Commissioner of Excise shall determine in accordance with the provision of Rule 1 as to how many of the vacancies have occurred in the preceding financial year, shall be filled up by direct recruitment, and the vacancies to be filled by promotion [Rule 3(c)]. Accordingly the petitioner submits that since he was entitled to be considered in 1983-84 and 1984-85, he ought to have been promoted in the said years. However, no selection was made for hose years and all the proceedings were clubbed together as per paragraph 18 of the counter affidavit in the year 1987.