VINAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ petition has been filed under Article 226 of the Constitution of India wherein following prayers have been made :-

(2.) The brief facts of the case, as per the pleadings made in the writ petition, which are required to be enumerated, read as under :-

(3.) Mr. Anil Kumar Sinha, learned senior counsel appearing for the petitioners assisted by Mr. Mohan Kumar Dubey, learned counsel, has submitted by taking aid of the provision of Sec. 73 of the Bihar Reorganization Act, 2000 which contains a provision that there cannot be any alteration in the service condition of public servant. According to him since the chance of promotion is a condition of service, as such, by reducing the quota of the post to be filled up by way of promotion from 50% to 25% is alteration in the service condition which hits the provision of Sec. 73 of the Bihar Reorganization Act, 2000 and, as such, the aforesaid provision is not sustainable in the eyes of law and hence, fit to be struck down. Learned senior counsel has fortified his argument by referring to the judgment rendered by the Hon'ble Apex Court in T.R. Kapur and Others v. State of Haryana and Others [1986 (Supp) SCC 584]. He submits that on the very same set of facts, the judgment has been passed by Hon'ble Apex Court treating the chance of promotion to be service condition and since amendment has been made in the recruitment rule so far as it relates to the promotion in the cadre which has been considered by Hon'ble Apex Court in the aforesaid case as alteration of the service condition and, therefore, the same has been held to be invalid. He further submits that herein also the Rule has been amended after entry of the petitioners in service by which the chance of promotion has been reduced by limiting the quota of posts to be filled up by way of promotion from 50% to 25% which is in the teeth of the proviso to Sec. 73 of the Bihar Reorganization Act, 2000.