HARENDRA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Siya Ram Sahi, the learned counsel for the petitioners and Mr. P. N. Sahi, learned A.A.G. - 6, for the State.

(2.) The petitioners have approached this Court for a direction to the concerned respondents for giving effect to the provisions contained in Rural Works Department Field Clerical Cadre (Recruitment and Service Conditions) Rules, 2014 and promote them to the higher post of Lower Division Clerks from the Feeder Class-IV post to the extent of 15%.

(3.) The petitioners were appointed as "Peons" in the Rural Works Department sometimes in the year 1991, 1997, 2008, 2010 and 2012, respectively. The rules referred to above came into effect from 30/6/2014. Rule 5(1) of the aforesaid rules specifies that 85% posts of Lower Division Clerks shall be filled up by direct recruitment whereas 15% of the post shall be filled from amongst Group-D employees holding qualification for appointment to the post of Lower Division Clerk. The qualification also for such promotion has been fixed by virtue of Rule 6(1) which enjoins that only such persons will be considered for being promoted to the higher post of Lower Division Clerk who have the qualification of Intermediate/10+2 or knowledge of computer operation and typing.