KALIPADA PAUL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the vires of (2) of Rule 12 of the Jharkhand Jansewak (Recruitment and Condition of Service) Rules (Amendment), 2012 as ultra vires and violative of Article 14 of the Constitution of India to the extent it seeks to discriminate in the matter of promotion to the post of Block Agriculture Officer (BAO) vis - vis Jan Sewaks who have obtained full training with that of Jan Sewaks who could not obtain full training and also seeking alternative relief in the nature of declaration that the petitioner is entitled to promotion to the post of BAO by treating him as fully trained Jan Sewak in terms of notification contained in memo no.1653 dated 29.5.2012.

(2.) The erstwhile State of Bihar enacted Jan Sewak (Recruitment & Service Condition) Rules, 1987 providing therein the mode and manner for appointment of Jan Sewaks. Training was essential for recruitment of Jan Sewaks and as per Jan Sewak (Recruitment & Service Condition) Rules, 1987, the candidates selected till 31.3.1990 having educational qualification of Matric were required to undergo one year training and during their service tenure, they were required to undergo further training of one year and candidates selected after 31.3.1990 having qualification of Matric were required to undergo full training of two years and thereafter they were appointed on the post of Jan Sewak and the candidates having Graduate degree in Agriculture or higher degree were required to undergo three months training and thereafter they were required to appear in a limited written examination and if they failed to pass the said written examination, they were required to undergo normal training, i.e for one or two year as the case may be.

(3.) The State of Jharkhand came into existence on 15.11.2000. After creation of the State of Jharkhand, the matter of promotion of Jan Sewaks could not be considered in early phase because there was no clear-cut promotional provision for Jan Sewaks. Several representations were received by the Agriculture and Sugarcane Development Department for consideration of the promotional matter of Jan Sewaks/Village Level Workers in general (non-Agriculture Graduate, Jan Sewaks). Considering the representations, the Agriculture and Sugarcane Development Department formulated recruitment rules named as Jan Sewak (Recruitment & Service Condition)Rules, 2011 issued by the notification no.1411 dated 25.5.2011. The said rule was reviewed and the promotional provision was included in para 12.2 with the said Jan Sewak (Recruitment & Service Condition)Rules, 2012, vide notification no.3249 dated 5.11.2012, named as Jan Sewak (Recruitment & Service Condition) (Amendment) Rules, 2012. As per the amendment, promotional avenues were opened for both types of Jan Sewaks either Agriculture Graduate or Non-Agriculture Graduate working under the Agriculture & Sugarcane Development Department and 50% vacancy is to be filled up by direct recruitment and 50% from the Jan Sewak cadre by promotion, i.e 25% post to be filled up by fully and successful trained non-Agriculture Graduates and another 25% from Agriculture Graduates with full training working as Jan Sewaks.