R.K. Merathia, J. - (1.) THE grievance of the petitioners is that the limited competitive examination has not been held for several years and therefore in view of the Circular of the Govt. of Bihar issued from the Department of Personal, Administrative Reforms and Rajbhasha dated 16.9.1992, the petitioners should be promoted without taking such examination on the basis of their seniority and minimum qualification. The minutes of the meeting held on 22.10.2008 and 20.11.2008 were also relied. It is further submitted that promotions were granted without examination to some persons. It is lastly submitted that either examinations be held or promotion be granted without examination.
(2.) PETITIONER is relying on paragraph 'Ka' of the said circular dated 16.9.1992, but it only indicates the resolution between the representative of the employees and the State Govt. but on such resolution decision was taken for filling up 50% of class III posts only after passing the limited competitive examination. From the said resolution it further appears that there is no provision for "promotion" from class IV to class III post. Certain percentage of class III posts are to be filled up from the candidates having required qualification, only after taking limited competitive examination. As such examination were not held for several years, it was resolved that if the State Staff Selection Board is not constituted by 31.12.2008, and no examination is held, then necessary process should be started in terms of the said circular dated 16.9.1992. Such suggestions were not accepted by the employees and they repeated their demand of giving promotion, without examination. On this the Chairman requested the Secretaries of Personal and Finance Department to place their stand on the circular dated 16.9.1992. In the meeting held on 22.11.2008 the employees claimed promotion in terms of circular dated 16.9.1992, on which they were given time to go through the written stand of the Personal and Finance Department. However, it was observed that circular dated 16.9.1992 is in force in Jharkhand.
(3.) THUS , it appears that the circular dated 16.9.1992 is being misread/misinterpreted by the petitioner. As noticed above, neither any decision was taken in the circular dated 16.9.1992 to grant promotion without examination, nor such decision was taken in the meeting held on 22.10.2008 and 20.11.2008.;