KEPILDEO PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioners have challenged the validity of only one part of the Rule contained in Annexure-1 and in particular Schedule IV, whereby, in the list of officers in Subordinate Service, who shall be eligible for promotion to the post of Manager/Assistant Director and other similar posts in the scale of Rs. 1000-1820, the INdustrial Extension Officers and Economic INvestigations/Statistical Assistant/Supervisors drawing the pay scale of Rs. 940-1660; Rs. 850-1360 and Rs. 880-1510 have been included.

(2.) THIS Annexure-1 is a notification of the Government of Bihar in the Industries Department framing rules to regulate the method of recruitment and conditions of service of the persons appointed to the Bihar Industries Service, in exercise of the powers conferred by the proviso to Article 309 of the Constitution. At the very out set Dr. Jha, learned Counsel appearing for the petitioners frankly contended that the challenge to this rule is confide to the inclusion of the categories of officers mentioned above. It is contended that these Industrial Extension Officers drawing the above scale of pay are in the non-gazetted categories and unless they are first promoted to the gazetted categories, they cannot be included in the list of officers in Subordinate service and shall not be eligible for promotion to the post of Manager/Assistant Director and other similar posts in the scale of Rs. 1000-1820.

(3.) IN the case of Lalit Mahan Deb and Ors. v. Union of INdia and Ors. , it was held that: