- (1.) Learned counsel for the petitioner submitted that the petitioner has been working on a Class-IV post employee in a school at Deoghar Since 1987 and, therefore, he ought to be promoted as a Class-III post employee.
(2.) Learned counsel for the respondents submitted that there is no legal vested right to the petitioner to get a promotion on Class-III post. Moreover, it is also not a case of the petitioner that by more than 50% candidates, Class-III post has been filled up by direct recruitment. Thus, there is no violation of right of the petitioner for getting promotion on Class-III post and, hence, the petition, at this stage, is a premature petition. Nonetheless, as and when, Class-III post is to be filled up, the case of the petitioner will be considered, if at all the petitioner is falling within the zone of consideration, in accordance with law, rules, regulations, policies and enforceable Government orders, applicable at the relevant time and, therefore, the petition may be dismissed, at this stage.
(3.) Having heard learned counsels for both sides and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition, at this stage, mainly for the following facts and reasons:- (i) The petitioner alleges that he has been working as a Class-IV post employee since 1987 and, therefore, he ought to be promoted as a Class-III post employee. (ii) It is not a case of the petitioner that Class-III post has been filled up by direct recruitment and more than 50% of the direct recruitees have been appointed and, thereby, there is a violation of the right of the promotee candidates, because the ratio to be maintained for filling up of Class-III post is 1:1 by direct and promotee. (iii) Thus, it appears from the facts of the case that the respondents have not yet started any procedure for filling up of Class-III post employee. (iv) Thus, as and when Class-III post is to be filled up, it shall be filled up as per the Government rules and regulations and if the petitioner is falling within the zone of consideration, his case will be considered, in accordance with law for the Class-III post.;