SHAILENDRA KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner seeks following reliefs:

(3.) This is the third time, the petitioner has moved before this Court. On the first occasion, he filed C.W.J.C. No.2766 of 2001 for a direction to be adjusted in Class III Post as he was well qualified for that but, due to pressing circumstances at the time of appointment, he had accepted the appointment on compensate ground on Class IV Post in the year 1990. The writ application was disposed of on 01.03.2001 with a direction to the authorities to consider his case for adjustment/promotion to the Class III Post in accordance with law whenever it is possible at the earliest. Further, the petitioner was granted liberty to file a representation for considering his entitlement of salary equivalent to Class III post as he was performing such duty. Then again, the petitioner had approached this Court by filing C.W.J.C. No. 12800 of 2003 which was disposed of on 7.4.2004 by order as contained in Annexure-3.This Court had disposed of the matter holding that it would not be possible to help the petitioner in view of the fact that the stand of the respondent is justified that the promotion would be consequent to the seniority and not consequent to the educational qualification. However, subsequently the State Government appears to have come up with a circular dated 31.3.11, a copy of which has been appended as Annexure-8, disclosing the decision of the State Government that the employees of Class IV who are having required qualification would be promoted to the post of clerk (Class "Samahue Gha" as incorporated in the Circular) on the basis of seniority list without appearing in any examination. It has been submitted that the list was prepared which has been appended as Annexure-11 on 11.08.2011 itself but no further development has taken place in this regard.