PARMESHWAR PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties. The writ petitioners claim promotion from the post of Dalpatis to Panchayat Sewaks after having possessed the requisite qualification and training as on 10th of May 2001.

(2.) These petitioners claim that 25 vacant posts of Panchayat Sewaks in the district of Sahebganj, on the failure of sufficient number of scheduled castes/scheduled tribes eligible candidates for a period of three years, were required to be filled up after dereservation of such vacancies which the respondents have not done while carrying out the exercise for promotion to the post of Panchayat Sewak from the post of Dalpati. It is the contention of these petitioners that these petitioners who were working as Dalpatis in different Panchayats in the district of Sahebganj from various periods ranging from 1990 onwards, were entitled to be considered for promotion to the post of Panchayat Sewaks and were likely to be promoted if these posts were dereserved by the respondent State.

(3.) Respondents have appeared and filed their counter affidavit. It is their contention that there were 126 posts of Panchayat Secretary (Panchayat Sewak) in the district of Sahebganj which were sanctioned and 92 Panchayat Secretaries were working in the year 2003. Out of 34 vacant posts of Panchayat Secretary, 50% of the total vacancies i.e. 17 posts were to be filled up through the trained Dalpatis by the District Level Appointment Committee and 50% were to be filled up through direct recruitment by the Commission. Therefore, after coming into force of the Jharkhand Panchayati Raj Act, 2001 and Jharkhand Panchayat Secretary (Appointment, Service Condition and Duty) Rules, 2002 with effect from 10th of May 2001, respondents sought roaster clearance from the competent authority i.e. Divisional Commissioner, Santhal Paragana in the existing vacancies for taking steps for filling up the said posts. Out of 17 posts i.e. 50% of 34 posts which were vacant as on the date of coming into force of the Rules, the roaster clearance for 17 vacancies were made in the following manner: 04 posts for S.C., 08 posts for S.T. and 05 posts for General Category. Thereafter, in the selection exercise conducted on 20th December 2003, 05 Dalpatis were selected against unreserved vacant post of Panchayat Secretary from General Category and 01 Dalpati was selected from scheduled tribe category from the seniority list of 2003 in which petitioners name also occur. The Gradation List of Dalpati is annexed as annexure-3. Respondents therefore submits that after the said exercise, these petitioners could not be considered because of the absence of unreserved vacancy of Panchayat Secretary in the district of Sahebganj. It is further contended that the selection process of Panchayat Sewak has not been challenged by the petitioners and Rules of 2002 have also been finally published after 30 days notice to persons to make objection to the same. In that view of the matter, it is the contention of the respondents that out of 34 vacancies existing, 17 have been filled up through promotion in accordance with the Rules of 2002 in which 05 persons of general category have been promoted and the petitioners name could not figure in that.