NIBARAN MAHTO Vs. RAJENDRA INSTITUTE OF MEDICAL SCIENCE

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for direction upon the respondents to consider his case for promotion/ appointment to Class-III post.

(3.) The factual exposition as has been delineated in the writ petition is that petitioner was initially appointed to Class-IV post of Sweeper on 26.03.1996 and at the time of his appointment, the petitioner was a matriculate and he submitted his matriculation certificate before the respondents at the relevant time. Thereafter, the service book of the petitioner was opened on 23.11.1996, in which his educational qualification was shown as matric pass. The petitioner worked to the satisfaction of the respondentauthorities and no complaint whatsoever was ever made against him. It is the further case of the petitioner that he came to know from reliable sources that he has been shown as non-matric in his service book and as such, he filed representation for correction of his educational qualification. However, when no heed was paid to his said request, the petitioner preferred writ petition, being W.P.(S). No. 39 of 2016. This Hon'ble Court after hearing learned counsel for the parties, disposed of the said writ petition on 02.02.2016, with a direction to the respondents to take a decision on the representation of the petitioner in accordance with law in respect of claim of the petitioner and if consequential benefits flow pursuant thereto, the respondent should confer the same to the petitioner in accordance with law. When the order of the Court was not complied, the petitioner preferred Cont. Case (C). No. 354 of 2016, in which the respondents-opposite parties filed a show-cause bringing on record the letter dated 24.05.2016, showing that the in the column of educational qualification in the service book of the petitioner, it was mentioned that petitioner is a matriculate. As such, the contempt was dropped by order dated 19.08.2016. It is the specific contention of the petitioner that he was duly and validly appointed to Class-IV post having qualification of Matriculation and Intermediate but even thereafter, he has not been granted any promotion till date. The petitioner sought information under Right to Information Act, which was supplied to him by letter dated 15.12.2016. It would be evident from letter dated 15.12.2016 that 17 posts were earmarked for Non-Technical persons and Class-IV employees were also promoted/ appointed to the post of Class-III. It is the further case of the petitioner that the then Govt. of Bihar and now the Govt. of Jharkhand time and again have decided that 50% of the total vacancies of Class-III post would be filled-up from internal candidates. The petitioner filed several representations requesting the respondents to consider his case for promotion/ appointment to Class-III post but till date no order has been passed by the respondents on his pending representations. Hence, the petitioner has once again knocked the door of this Hon'ble Court.