(1.) Counsel appearing for the petitioners submitted that the petitioners are challenging the Memo No. 1605 dated 8th July, 2011 (Annexure 9 in W.P. (S) No. 4016 of 2011 and Annexure 8 in W.P. (S) No. 5017 of 2011), which contains order dated 8th July, 2011, whereby promotion given to the petitioners to the posts of Excise Inspector on the basis of the recommendation Committee has been cancelled. Earlier, the promotions were given on 3rd June, 2011 and vide the aforesaid order, these promotions were withdrawn.
(2.) Counsel for the respondents submitted that according to Rules, 50% out of the total vacant post of the Inspector of Excise is to be filled up by direct recruitment and the other 50% by promotion and at the time the petitioners were given promotions, out of 37 posts of, Inspector of Excise, only eight were vacant and the promotions were wrongly given by the Establishment Committee to the petitioners due to some miscalculation and after the said promotion, there became 40 Inspectors of Excise, against the sanctioned post of 37 i.e. the working-strength was more than the sanctioned posts, which was absolutely illegal. Therefore, the promotion which was wrongly given to the petitioner was withdrawn within a period of one month time. The counsel for the respondents further submitted that the said Establishment Committee, while making recommendation, ought to have mentioned as to what was the position of vacancy and the eligibility criteria of the promotion. All these factors did not find place in the proceeding of the said recommendation of the Establishment Committee.
(3.) However, it is assured by the counsel for the respondents that now, after regular promotion to the Excise Inspectors, total number of vacant-post of the Inspector of Excise has become 13 and as per instruction from Dy. Commissioner, Dept of Excise (H.Q.), Govt. of Jharkhand, Ranchi, these 13 posts of Excise Inspector will be filled up by promotion after following proper procedures like vigilance clearance etc. and therefore, the respondents may, be granted three weeks time to consider the case of the petitioners also for their promotion to the post of Excise Inspector.