ANITA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel appearing on behalf of the respondents.

(2.) Petitioners are aggrieved by the provisional seniority list and inter-se seniority of direct recruits prepared and determined on the basis of date of joining of the candidates and ignoring the merit position as per list prepared by Jharkhand Public Service Commission at the time of appointment and as such have approached this Court with a prayer for quashing letter dated 25.10.2016 and gradation list contained therein.

(3.) The fact of the case arising out of this writ petition is that pursuant to an advertisement dated 28.08.2002 for appointment of 9223 Primary Trained Teacher in Government Primary Schools, petitioners applied and participated in selection process. After written test, final results were published by Jharkhand Public Service Commission on 14.11.2003 on the basis of merit position secured by the candidates. Thereafter, the office of the District Superintendent of Education, Ranchi issued appointment letters to the petitioners vide Annexure-2 Series. Petitioners joined their services at the relevant place of posting and their services are governed by Jharkhand Primary School Recruitment Rule, 2002. After bifurcation of Ranchi district, the services of the petitioners lies within the district of Khunti.The office of the District Superintendent of Education, Khunti, vide its letter dated 25.10.2016 issued provisional seniority list for the purpose of promotion which has been prepared on the basis of date of joining of the candidates ignoring the merit position of candidates as per the list prepared by the Jharkhand Public Service Commission at the time of appointment. Being aggrieved petitioners made representation dated 12.11.2016 before the respondents and prayed for preparation of fresh seniority list on the basis of merit position finalized by JPSC after cancelling the provisional seniority list prepared on the basis of date of joining. In spite of representation filed by the petitioners the respondents are sitting tight over the matter and no heed is being paid to their requests to prepare and finalise seniority list on the basis of final list prepared by the JPSC on the basis of merit position. Since office of the District Superintendent of Education, Ranchi, vide its order under Memo No. 4175, dated 30.12.2016, has granted promotion amongst the direct recruits on the basis of their respective date of joining ignoring the merit position secured by them in the list prepared by the Jharkhand Public Service Commission, petitioners have a reasonable apprehension that the persons junior to them may be granted promotion on the basis of the provisional list prepared by the respondents and as such they have knocked door of this Court for redressal of their grievance.