KRISHNADEO PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The legal issued involved in this writ petition is in relation to the construction of Rules 7(3) of the Jharkhand Secretariat Services Rules, 2010. Petitioner is Upper Division Clerk having qualification of Matriculation which was the minimum eligibility criteria required at the time of entering in service as a typist in undivided State of Bihar when he was appointed on 01.07.1987. Post of Secretarial Typist was converted as Upper Division Clerk and the petitioner was designated as Upper Division Clerk in 2007. He got allocated to the State of Jharkhand upon bifurcation of the parent State of Bihar by virtue of the Provisions of Bihar Reorganization Act, 2000 vide notification dated 03.02.2011 issued by the Deputy Inspector General of Police(Provision), Bihar, Patna, Annexure -4 in terms of the decision of the Ministry of Personnel, Public Grievances and Pension, Government of India order no. 13 Jhr./10 dated 12.10.2010 (Annexure -3). The Jharkhand Secretariat Service Rule, 2010 were framed in exercise of powers conferred under proviso to Article 309 of the Constitution of India by the order of Governor of the State. It provides for the Constitution of Jharkhand Secretariat Services, Appointment and Service Conditions etc. and such other incidental matter. It has been made effective from the date of Gazette Notification i.e.

(3.) 08.2010. Different cadre of Secretariat service are enumerated in Rule 3 starting from Assistant Grade, Section Officer Grade, Grade -I, Selection Grade (equivalent to the rank of Deputy Secretary) and Senior Selection Grade (equivalent to the rank of Joint Secretary). The post of Assistants are Non Gazetted Post while rest of them are gazetted post. The relevant provisions which relate to the petitioner's case are contained in Rule -7, which lays down the provisions for recruitment to the post of Assistant Grade and Section Officer. Both Hindi and English version of the Rules as published in the Extraordinary Gazette Notification and are enclosed by the petitioner. Provisions of Rule 7 are quoted hereinunder: -