LALITA MINZ Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Senior Counsel for the petitioners and counsel for the State representing the opposite parties.

(2.) In compliance of the judgment dated 19th Aug., 2014, the operative portion of which reads as under, the department undertook an exercise and promoted several officers including petitioner no. 2, Agapit Tete. Petitioner nos. 1 and 3 were not promoted on the grounds that they had not passed Departmental Exam mandatory in terms of Rule 11 of the Jharkhand Welfare Service Rules, 2013 notified on 2nd Aug., 2013. Moreover, petitioner, Sri Ishdaur Soren had superannuated on 31st March, 2015 while petitioner, Smt. Lalita Minz had superannuated on 31st Aug., 2015.

(3.) Opposite parties have explained the reasons for delay in completion of the exercise by way of their detailed third supplementary show cause filed on 14th Sept., 2016. According to them, the exercise of promotion contemplates fulfilment of eligibility criteria by the persons in the zone of consideration and passing of departmental exams such as Hindi Writing, Hindi Oral, Accounts (with books), Account (without books) and Departmental Legal (without books). Swatchtha Certificate from the office of Lokayukt and Clearance from the Cabinet Vigilance Department as well as Roster Clearance is also required in terms of Rule 12 of 2013 Rules. Office of Lokayukt communicated its certificate through letter dated 4th Feb., 2015, Vigilance Department through its letter dated 24th March, 2015 and Roster Clearance from the Personnel Department was received on 30th April, 2015. Due to these facts, the preliminary exercise required for consideration before Departmental Promotion Committee took sometime, thereafter only the Departmental Promotion Committee held its meeting on 25th/26th Aug., 2015. On consideration of recommendation of Departmental Promotion Committee, the notification for promotion was finally issued on 29th Jan., 2016. The Member, Board of Revenue intimated through letter dated 24th Dec., 2015 that 1st and 2nd half yearly Departmental Examination, 2014 & 15 has been scheduled in between 16th to 22nd of Jan., 2016 for Gazetted Officer by the Revenue Board in all five Commissionerary Head Office in the State of Jharkhand. All the then Sub Divisional Welfare Officer were directed to appear in the departmental exam and last date of filling up application was 5th Jan., 2016. In these circumstances, some of the persons superannuated like the petitioner nos. 1 and 3 also. Opposite parties therefore are not guilty of wilful disobedience of the order of this Court.