AMDIUS BECK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for a direction upon the respondents to consider the representation of the petitioner in regard to promotion against 50 % vacant posts of Subordinate Education Service (in short herein S.E.S.) (Primary Section from Lower Subordinate Education Service ( in short L.S.E.S) as Assistant Teacher of Government Basic School of Jharkhnad as per his eligibility as a Scheduled Tribe Candidate in terms of policy decision of the State Government as contained in letter No. 967 dated 20.04.1971 and other relevant provisions. Further prayer has been made to consider his case for promotion as juniors to the petitioner have been considered and granted promotion in view of order passed in W.P.(S) No. 2666/2011 and W.P.(S) No. 3209 of 2011.

(2.) The petitioner was appointed in Government Basic School of Jharkhand State and service condition of the petitioner like appointment/promotion/transfer etc are regulated as per statutory service rule framed under Article 309 of the Constitution of India vide Notification No. 2749 dated 11.11.1975. As per this Rule, the petitioner belongs to Divisional Cadre of Assistant Teacher of Government Basic School of Jharkhand. Presently, the petitioner is posted and working in Government Basic School, Tero, Ranchi. The petitioner is Graduate from Ranchi University and is trained from the very date of his appointment as indicated in the State Gradation list of LSES candidates and is in the matric trained scale of pay. It is the further case of the petitioner that in compliance of instruction/ direction contained in Letter No. 991 dated 16.04.2010, State Gradation List of Assistant Teachers of Government Basic School of Jharkhand was prepared by RDDE of South Chhotanagpur Division, Ranchi and forwarded to Director, Primary Education, Jharkhand vide letter No. 513 dated 10.05.2010 in which the name of the petitioner is indicated at Sl. No. 516. In the said letter, it has also been indicated that the name of the petitioner could not be included in the list prepared earlier by inadvertence. It is further stated that the name of the petitioner is indicated at Sl. No. 218 of State Gradation List of Candidates belonging to LSES Cadre circulated vide Letter No. 1011 dated 13.06.2012 for giving promotion against 50 % vacant post of S.E.S. (Primary Section). Vide letter No. 1978 dated 13.10.2012 has been issued from State Directorate of Primary Education, Jharkhand, calling for necessary required information in respect of Graduate/ Trained Candidates of LSES Cadre for consideration of their promotion from LSES Cadre against 50 % vacant posts of SES (Primary Section).

(3.) It is further the case of the petitioner that in compliance of the aforesaid letter dated 110.2012, necessary information in respect of this petitioner has been furnished from appropriate level of State Directorate of Primary Education, Jharkhand vide letter No. 3492 dated 30.07.2013 in which the name of the petitioner is indicated at Sl. No. 28. The service of the petitioner as Assistant Teacher of Government Basic School, belonging to LSES Cadre was confirmed vide Memo No. 839 dated 12.10.2012. No departmental proceeding is started or pending against the petitioner. He has also completed prescribed Kalawadhi for promotion and his services as Assistant Teacher of Government Basic School of LSES Cadre has been unblemished as per certificate issued by the respondents. It is further stated that under RTI Act, 2005, the petitioner came to know that total 714 different posts of SES (Primary Section) have been allocated to Jharkhand State under Provisions of Bihar Reorganisation Act, 2000, out of these 714 posts of SES, 357 posts become available for promotion from LSES against 50 % posts of SES (Primary Section) and now against these 357 posts, only 256 posts are filled up. Thus, 111 posts of SES (Primary Section) are vacant and available for promotion from LSES to 50 % vacant posts of SES.