SINU RAM JARIKA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, prayer has been made for quashing the order dated 31.10.2007, issued by the Secretary to the Government, Department of Co-operative, Government of Jharkhand, Ranchi rejecting the representation of the petitioner pertaining to grant of promotion in super time scale with effect from 29.12.1991 vide Annexure-11 and further for direction to the respondents for promotion in the super time scale with effect from 29.12.1991 for having completed 33 years on the post of the senior selection grade with all consequential service benefits.

(2.) The brief facts, as has been depicted in the writ application, are that the petitioner being the member of the Scheduled Tribe, was initially appointed as the Assistant Registrar, Co-operative Societies by the Government of Bihar in the year 1975. Petitioner was granted first time bound promotion in Junior Selection Grade with effect from 29.11985 on completion of ten years of satisfactory service. Thereafter, the petitioner was given regular promotion in Junior Selection Grade along with others with effect from the same date i.e. 29.11985. The petitioner, thereafter, was promoted to the Senior Selection Grade with effect from the date of issuance of Notification dated 06.09.1989 and the said Grade has been approved with effect from 29.11988 vide Notification dated 11.01.1991. Thereafter, five senior selection grade officers of the Co-operative Department were promoted to Super-time scale with effect from the date of issuance of the Notification i.e. dated 06.09.1991 through the Government Notification. Thereafter, seven senior selection grade officers of the co-operative Department were promoted/granted supertime scale through Notification dated 13.12000. In the said Notification, not a single scheduled tribe Officer has been promoted in the supertime scale. It has been averred in the writ application that for the promotional 10 per cent posts are reserved for scheduled tribe candidates vide appointment department letter dated 29.05.1971 as per Annexure-4 to the writ application. It has further been averred that for the purpose of promotion standard roster has also been issued by the Personnel Department of the Government, dated 08.11.1975 according to which vacancy at point no. 4 and 13 are reserved for the Scheduled Tribe Officers as per Annexure-5 to the writ petition. It has been averred that when the first Notification dated 06.09.1991 was issued, the petitioner did not complete the required three years minimum period (Kalawadhi) in senior selection grade post, but, he completed the required 'Kalawadhi' in the senior selection post on 29.11991, thus, his promotion in the supertime scale (Additional Registrar, Co-operative Societies) was due with effect from 29.11991, against the post at point no. 4, reserved for the scheduled tribe candidates/officers, in view of the letter of the Personnel & Administrative Reforms Department of the State Government dated 31.03.1979 vide Annexure-6 to the writ petition. It has further been stated that for granting promotion in the vacancies prior to 10.01995, the same has to be filled up according to the old running roster as per the administrative & personnel reforms department's letter dated 30.04.1997. Being aggrieved by the injustice meted out to the petitioner, the petitioner submitted representations to the authorities, but, since the representations did not evoke any response from the respondents, the petitioner was compelled to file W.P. (S) No. 5620 of 2002, which was disposed of vide order dated 24.07.2007 with liberty to the petitioner to file fresh representation before the respondent no. 2, which would be disposed of by a reasoned order in accordance with law and in deference to the order dated 24.07.2007, the petitioner filed fresh representation on 208.2007 vide Annexure-10 to the writ petition and the same has been rejected vide order dated 31.10.2007 vide Annexure- 11, which is impugned in this writ petition. It has further been averred that one Shri Bhola Prasad Mandal was considered against the reserved post of scheduled tribe officers on roster point no. 4 and therefore, the petitioner has a right to be considered for promotion against the reserved post of roster point no. 13, but, being aggrieved by the non-consideration of promotion of the petitioner to the super time scale against the reserved post at roster point no. 13, the petitioner has knocked the door of this Court by filing the present writ application under Article 226 of the Constitution of India.

(3.) Learned counsel for the petitioner has strenuously urged that the action of the respondents in not considering the case of the petitioner for promotion to the super time scale is not only illegal, but amounts to arbitrary exercise of power. Learned counsel further submits that the respondents are duty bound to consider the case of promotion of the petitioner with effect from 29.12.1991 in super time scale against the reserved post meant for the scheduled tribe candidates and the nonconsideration of the same has subjected the petitioner to discrimination being violative of Articles 14 and 16 of the Constitution of India.