PHULMATI SAWAYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) A copy of counter-affidavit is tendered in the Court, copy thereof already served to the learned counsel for the petitioners. It is taken on record.

(2.) Writ petitions by government employees seeking promotion in various ranks and posts have flooded the High Courts. One of the reasons appears to be delay in preparation and finalisation of seniority/gradation list and in not holding meeting of Establishment Committee/Departmental Promotion Committee, in time. In some cases delay has occurred on account of pending litigation also. The present writ petition also presents a similar picture.

(3.) Promotion to the petitioners is regulated under the Bihar Taken Over Elementary School Teachers Promotion Rules, 1993, which is in operation in the State of Jharkhand also. Rule 4 lays down conditions for promotion and Rule 5 provides for minimum educational and training qualifications as well as minimum tenure of service for promotion in different grades. Rule 7 of 1993 Rules provides that a draft of seniority list for promotion shall be prepared by the end of the month of Jan. of each year. The manner for preparation of draft seniority list for promotion has been laid down under Rule 7. In terms of Rule 8 in terse seniority in the same grade is decided. The Secretary, School Education and Literacy Department, Government of Jharkhand respondent no. 2 has filed affidavit dated 06.12.2016 narrating the procedure for preparation of draft seniority list and the manner in which promotion is made.