Jharkhand High Court
Prem Kumar Sharma & Ors vs State Of Jharkhand & Ors on 14 September, 2010
Author: D.G.R. Patnaik
Bench: D.G.R. Patnaik
IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P.(S) No. 4092 of 2010
...
1. Prem Kumar Sharma
2. Sant Kumar Jha
3. Kashi Nath Pramanik ...
Petitioners
-V e r s u s-
1. The State of Jharkhand through Secretary, Health
and Family Welfare Department, Govt. of Jharkhand
2. Director-in-chief, Health Services, Jharkhand
3. Deputy Commissioner, Jamshedpur, East Singhbhum
4. Civil Surgeon-cum-chief Medical Officer, East Singhbhum ... Respondents
...
CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
...
For the Petitioners : - Mr. Siddhartha Ranjan, Advocate
For the Respondents : - J.C. to Sr. S.C.-II.
...
2/14.09.2010Heard counsel for the petitioner and counsel for the respondent State.
2. The petitioners in this writ application have prayed for issuance of a direction to the respondents to consider their case for their promotion to Class-III post on the basis of their educational qualifications and the eligibility criteria which they claim to possess.
3. The petitioners are presently employed on Class-IV post. Such employment was given to them on compassionate grounds. The petitioners' contention is that on the date of granting them appointment, they did possess all the requisite qualifications for their appointment on Class-III post, but for whatever reasons the same was denied to them and they had accepted Class-IV post only on the belief that they would be granted promotion to the Class-III post in due course.
4. Learned counsel for the petitioners informs that the concerned department of the State Government has taken a policy decision for granting promotions to the employees working in Class-IV post, to Class-III post and in accordance with such policy decision, promotions have been give in the Health Department to the employees of Class-IV post, to Class-III post. Learned counsel invites attention in this context to such promotions being given in the district of East Singhbhum, Jamshedpur by the order of the Deputy Commissioner and also in the M.G.M. Medical College.
5. Learned counsel for the State submits that considering the nature of the petitioners claim, no counter affidavit is required to be filed and the petitioners may submit their representations in this regard to the concerned authorities of the department.
6. It appears from the submissions of the learned counsel for the petitioners that some policy decision has been taken by the concerned department of the State Government for grant of promotions to the employees working in Class-IV post, to Class-III post. If that be so and if the petitioners do possess all the requisite qualifications for the grant of their promotion, then there is no reason why the concerned authorities should not consider the petitioners' case also.
7. In the light of the above facts and circumstances, this application is disposed of with a liberty to the petitioners to file their representations before the concerned authorities of their department along with copies of all certificates relating to their academic qualifications and other work experience and within two months from the date of receipt of such representations, the concerned authorities of the department shall consider the petitioners' prayer made in the representations and take an appropriate decision for grant of the petitioners' prayer for their promotion, in accordance with the policy decision taken, if any, and the rules stipulated in this regard. While considering the petitioners' representations, the concerned authorities of the respondents shall also consider the fact that the vacancy in Class-III post appears to have been declared vide Annexure-8 and 9 and the same needs to be filled up by way of promotions.
Let a copy of this order be given to the counsel for the respondent State.
(D.G.R. Patnaik, J.) Birendra/