SANJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the petitioners and respondents.

(2.) The present writ application has been filed for a direction to the respondents to consider the promotion of the petitioner on the post of Block Agriculture Officer from the post of Village Level Worker in the District of Rohtas. The relevant claim made by the petitioner in paragraph no.1 of the writ application reads as follows:-

(3.) Learned counsel for the petitioner submits that the petitioner was appointed on the post of Village Level Worker (Jansewak) on 27/11/1976 in the Chainpur Block of Bhabhua District. The petitioner passed B.Sc. (Agriculture) Examination in May, 1988 from Bihar Agricultural College, Sabour under Rajendra Agricultural University, Bihar. Initially, in pursuance to the order dtd. 31/1/1998 passed in C.W.J.C. No. 3393 of 1995 (Bibhuti Bhushan Pathak and Ors. Vs. The State of Bihar), a decision was taken to amend the provisions wherein only such VLWs (Jansewaks) were granted promotion to the post of Block Agricultural Officer, who had done B. Sc. (Agriculture) at the cost of the Government, and as per the amended provision issued vide Resolution No. 1673 dtd. 21/4/1999, the provision was amended to the effect that the VLWs (Jansewak) who had done B. Sc. (Agriculture) at their own cost, would also be granted promotion to the post of Block Agriculture Officer. As per the amended provisions, such VLWs who had done B.Sc. (Agriculture) at their own cost or at the cost of the Government and who had completed more than 8 years of service would come within the zone of consideration for promotion to the post of Block Agriculture Officer or equivalent scale of Rs.5000.008000/-. In pursuance to the said decision of the Government, the Deputy Secretary, Department of Agricultural, Govt. of Bihar intimated to all the District Magistrates/ District Development Commissioner and Joint Directors of Agriculture, vide Memo No. 3561 dtd. 4/8/2003, that in pursuance to Government Resolution No. 1673 dtd. 21/4/1999, all the Jan Sewaks who did B.Sc.(Agricultural) either at the cost of Government or on their own and have completed a service of eight years or more, they would be considered to be promoted to the post of Block Agricultural Officer or equivalent scale of Rs.5,000.00 to 8000/-. Hence all the District Magistrates/ District Development Commissioner and Joint Directors of Agriculture were directed to send the respective lists of Jan Sewak, as per seniority, in the prescribed format. The said letter clearly stipulated that the names of those Jan Sewaks, in addition to the seniority list published on 6/12/2001, who have fulfilled such eligibility criteria, be also transmitted within a period of one month. The name of the petitioner was not transmitted by the District Magistrate, Rohtas, as a result, the petitioner could not be promoted, while the juniors to the petitioner were promoted. Subsequently, the petitioner retired on 31/8/2007 from the post of V.L.W. (Jan Sewak). Hence, it is submitted that the petitioner was wrongly denied promotion due to the inaction of respondent authorities, which is arbitrary, discriminatory and violative of Article-14 of the Constitution of India.