SATISH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) In this case, the petitioner is seeking relief of giving direction to the respondents to consider and grant promotion to the post of Labour Enforcement Officer with effect from 2011 i.e. from the date he was eligible for promotion or at least from the date juniors to the petitioner have been granted promotion as Labour Enforcement Officer as prescribed under the Labour Enforcement Officer (Recruitment) Rules, 1990.

(3.) In pursuance of the recommendation of the Staff Selection Commission, the petitioner was appointed as Lower Division Clerk in Class III post under the administrative control of the Labour Commissioner, Bihar. Accordingly, the petitioner was posted in the office of the Labour Superintendent, Kishanganj, accordingly, he joined the service on 04.11.2006, later on, he was transferred and posted in the office of the Deputy Labour Commissioner, Patna Division, Patna. The Government of Bihar has come out with the Labour Enforcement Officers (Recruitment) Rules, 1990, wherein it has been prescribed that the post of Labour Enforcement Officer would be filled up through direct recruitment as well as promotion. Rule 3(c) of the said Rules, 1990 prescribes qualification for recruitment and promotion and it has been provided as follows:-