INDRADEO PASWAN S/O LATE PAUDAR PASWAN RESIDENCE OF HOUSE NO. 52, BAIKUNTH COLONY ROAD NO. 4C MANGO, P.O.& P.S.MANGO, DIST.EAST SINGHBHUM (J.S.R) Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Grievance of the petitioner is that he has not been promoted in the rank of Sub Inspector (Excise) by granting him exemption under Instructions dated 09.11.1983 issued by the Department of Personnel and Administrative Reforms, Government of Bihar.

(2.) Heard.

(3.) The petitioner who was appointed as Constable on 01.10.1972, was promoted in the rank of Assistant Sub-Inspector on 30.06.1994. In the counter-affidavit, the respondent-State has asserted that the petitioner did not appear in the departmental examination conducted in the year 1998, and 2003. However, he appeared in the departmental examination conducted by the Central Examination Committee in which, he was not required to appear. Clause-3 of Instructions dated 09.11.1983 provides that a government employee, on attaining of 50 years of age, if has failed in the departmental examination in continuous efforts or could not appear in the departmental examination on account of his engagement in government work, can be granted exemption from passing departmental examination. As noticed above, the petitioner did not appear in all the departmental examinations conducted, before he attained the age of 50 years. Accordingly, he has not been granted exemption in terms of Instructions dated 09.11.1983. Considering the aforesaid facts, the Departmental Promotion Committee did not recommend his name for promotion to the rank of Sub-Inspector.