POONAM SRIVASTAV, J. - (1.) THIS writ petition has been preferred challenging the order dated 28th August 2003 passed by respondent No. 4 and order dated 5th December 2005 passed by respondent No. 5, whereby the petitioner has been declined to grant promotion in Senior Selection Grade with effect from 1.4.1984 on the ground that he did not qualify in the departmental examination.
(2.) THE petitioner was appointed as Junior Account Clerk and was promoted in Junior Selection Grade with effect from 1st April 1981. The petitioner claims that he was not given promotion despite the fact that he is liable to be exempted from qualification in the departmental examination on the basis of a Notification issued by the State Government granting exemption from the compulsory qualification for further promotion on the post of Account Clerk, who have already been promoted prior to 1st September 1983 without passing any departmental examination. It appears that the representation was also made by the petitioner, which was also rejected, vide Annexures -6 and 9 to the writ petition. Those orders are also under challenge. Learned counsel appearing on behalf of the petitioner has also placed reliance on a decision passed by this Court in W.P.(S) No. 4450 of 2008 Kedar Prasad Nayak v. State of Jharkhand and others. The incumbent in the said writ petition was exempted from clearing the departmental examination for his next promotion on the basis of exemption granted by the State Government vide Letter No. 3/S -2 -5 -03/000 493. State of Jharkhand, vide Annexure -8 to the writ petition. The case of the present petitioner is on equal footing and in my view, he is also entitled for the same benefit. The hurdle of departmental examination should not be made applicable in case of the petitioner's promotion in Senior Selection Grade. The concerned respondents are, accordingly, directed to take suitable steps to grant the benefit of promotion to the petitioner within six weeks from the date a certified copy of this order along with an application is produced before them. It is made clear that the petitioner should not be insisted for clearing the departmental examination on the basis of the aforesaid Notification.
(3.) THIS writ petition is, accordingly, allowed and the orders dated 28th August 2003 and 5th May, 2005 are hereby quashed. Petition allowed. Petition allowed.;