DEBDAS GHATUARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER is working in Class -IV post in State Subsidised High Court, Gandanata. He was appointed on 25.8.1983. It is stated that petitioner acquired matriculation qualification in the years 1996. Promotion to the Class -Ill post is to be made on the basis of Government Policy/Public Circular. According to the petitioner, these promotions were required to be made in accordance with the Circular dated 8.6.1983 wherein 25% of the vacancy of Class -Ill post were required to be filled up by promotion from amongst Class -IV employees who completed five years of service and rest of the vacancies by direct recruitment. It is further alleged by the petitioner that during his service, he was allowed to officiate as Class -Ill for a period of about two years w.e.f. 1.11.2001 and later on reverted to the Class -IV post. It is further submitted that he was not paid salary for the post of Class -Ill (Clerk). Recommendation was made for consideration of the petitioner for promotion to Class -Ill by adopting resolution by the Managing Committee dated 15.5.2003. This recommendation is, however, pending without any consideration.

(2.) RESPONDENT -State in the reply affidavit stated that earlier Circular of 1983 has been replaced by new Circular dated 5.12.1995 whereunder 50% of the available vacancy were required to be filled up by direct recruitment and 50% by promotion by Public Service Commission through examination. Copy of the Circular has been placed on record. Under this Circular, limited examination is required to be conducted for promotion from Class - IV to Class -Ill from amongst Class -IV employees who have completed minimum five years of service. It is not disputed by the respondent -State that petitioner has completed live years of service and is eligible for promotion against Class -Ill post.

(3.) BE that as it may, nothing has been stated as to the vacancy position for promotion quota in the State and even it is not stated that there is no vacancy against which the petitioner is required to be considered. It is settled law that once the State adopts a policy or frame Rules providing quota for recruitment in service or class/ category, State is bound to adhere to such Rules/ Policy and it cannot be permitted to violate the quota and fill up the vacancies from one source or in excess of prescribed quota. It is admitted case of the respondents that 505% vacancies are required to be filled up by promotion from Class -IV post and many posts have been filled up. How many vacancies are available for promotion quota at present is not disclosed.