BIMLESHCHANDRAOJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have moved this Court for quashing the notification issued on 25.7.1989 (Annexure-2) whereby respondent Nos. 6 to 68 have been promoted to Gazetted Class II senior post in the pay scale of Rs. 1000-1820/- on the ground that the petitioners who are holding Gazetted post were denied just promotion in breach of Bihar Industries Service Cadre Rules 1987 framed under Article 309 of the Constitution of India.

(2.) The relevant facts may now be noted. This is admitted that the petitioners were initially appointed as Assistant Superintendent in the pay scale of Rs. 335/- to Rs. 555/-. In due course they were promoted to Class II Junior post in the pay scale of Rs. 880- 1510/-. It is also admitted that the respondents are working in Non- Gazetted post though drawing better pay then the petitioners.

(3.) The learned counsel for the petitioner has contended that in terms of Rule 11 of the Bihar Industries Service Cadres Rules 1987 promotion to any post shall be made from among the officers holding the post "just below". The Rules further provide that the promotion shall be made from the joint cadre on the basis of seniority-cum-merit. Clause (C) of Rule 11 states that promotion to initial rank of the cadre shall normally be made from the amongst the officers listed in Schedule IV appended to rules on the basis of seniority-cum-merit. Rule 13 provides for necessary qualifying service for earning promotion to higher post as prescribed in Schedule In of the Rules. Under Schedule III Kalwadhi for promotion from scale of Rs. 1,000/- 1,820/- to Rs. 1,350-2,000/- is five years. Schedule IV of the Rules gives list of officers in subordinate service who shall be eligible for promotion to the post of Manager, Assistant Directors and others in the scale of Rs. 1,000-1,820/-. The note to Schedule IV says that 8 posts of Assistant Director in pay scale of Rs. 1,000/- to 1,820/- shall be earmarked for the ministerial staff of the department. It is manifest from Schedule IV that the petitioners and respondent Nos. 6 to 68 are eligible for promotion to the post of Manager, Asstt. Director provided they possess the qualifying service as prescribed in Schedule III.