P.P.BHATT, J. - (1.) THE petitioners, Jharkhand State Statistical Service Association through its Secretary and Another, by way of this petition under Article 226 of the Constitution of India, have prayed for direction upon the respondents to consider the claim of the petitioners and its members for filling up the existing vacancies of Jharkhand State Statistical Service by promotion to the higher post in various categories from the basic grade i.e. form District Statistical/Officer/Sub -Divisional Statistical Officer/Assistant Director to Deputy Director, Deputy Director to Joint Director and from Joint Director to Sr. Joint Director in the Directorate of Statistics and Evaluation under the Administrative Control of Planning and Development Department, Govt. of Jharkhand. According to the petitioners' Association after bifurcation of State no further steps have been taken and it has resulted into stagnation in service. It is submitted that there are many vacancies at different level arisen between 1992 to 2006. It is submitted that the benefit of Assured Career Progression is also not given timely. Therefore, it is prayed that appropriate direction may be given to the respondents to consider the cases of the employees/officers, who are eligible for the purpose of getting the Through Vigilance benefit of ACP as well as promotion. Learned counsel for the petitioner has referred to and relied upon the order passed by the Patna High Count in CWJC No. 11832 of 1998 (Annexure -2 to the petitioner) whereby the Patna High Court upon consideration of the judgment delivered by the Hon'ble Supreme Court reported in 1990 SCC 680 and AIR 2004 SC 1995 directed the respondents authority to carry out such consideration and issue consequential orders.
(2.) THE learned counsel for the State submitted that after bifurcation of the State cadre division and final allotment took time and therefore requisite exercise could not be undertaken immediately after bifurcation of the State. However, now the State authorities will take appropriate steps for that purpose, an appropriate direction may be issued by this Court so that the respondent State can act accordingly and the grievances of the petitioners which has been raised in this petition can be redressed and thereby the administrative affairs of the Department can be streamline and consequently the efficiency of the Statistical Department of the State can be improved. In the light of the above submissions advanced by the learned counsel for the parties, this Court is of the view that this petition is required to the disposed of by giving a suitable direction at this juncture so that the grievance of the petitioners can be properly redressed by the State Authority. It appears that the members of the petitioner's Association are integral part of the very important department, which is functioning under the Planning and Development Department, State of Jharkhand. The efficiency of the Department depends upon the quality and efficiency of the Officers working in the said Department. It appears that the employees/officers of this Department are facing of stagnation since last many years, on account of inaction on the part of the respondent authorities. It appears that even Assured Career Progression (ACP) has not been processed and given as and when it has become due. Therefore, necessary direction is required to be issued in this regard. It further appears that some posts are also lying vacant and could not be filled up due to certain administrative problems but this problems are required to be resolved and sorted out, which has not been done so far and therefore, the respondent State authorities are required to be directed to firstly identity the vacant post and thereafter necessary direction is required to be issued to process the matter with regard to consider the cases of eligible officers for the grant of promotion and thereby fill up the post which are required to be filled in light of the existing/relevant rules applicable for the purpose of grant of promotion by way of promotion as well as direct recruitment so that the vacancies can be filled up from amongst the officers/employees who are eligible and awaiting since long for their promotions.
(3.) LEARNED counsel for the petitioner has drawn attention of this Court that the Bihar Statistical Service Association preferred CWJC No. 11832/99 and the High Court of Judicature at Patna by passing on order dated 15th March, 2005 after careful consideration of facts of circumstances of that case pleased to allow the said petition and respondent authorities were directed to carry out such consideration and issue consequential orders in accordance therewith within a period of four months form the date of receipt of production of a copy of this order. But as submitted by the learned counsel for the respondent State of Bihar the said order has been stayed by the Division Bench in LPA preferred by the State. The learned counsel for the state of Bihar is not having any instruction or information about the present status of the said LPA. However on perusal of the said order of the Patna High Court it appears that the Court has referred the judgment of the Hon'ble Supreme Court reported in 1990 SCC 688. The relevant abstract of the said judgment is reproduced herein below; This court has no more than one occasion, pointed out that provision for promotion increase efficiency of the Public Service while stagnation reduces efficiency and make the service ineffective. Promotion is thus a normal incidence of service. There too is no justification why while similarly placed officers in other ministries would have the benefit of promotion, the non -medical 'A' group scientists in the establishment of Director General of Heath Services would be deprived of such advantage. In a welfare State, it is necessary that there should be an efficient public service and therefore, it should have been the obligation of the Ministry of Health to attend to the representations of the Council and its members and provide promotional avenue for this category of officers. It is, therefore, necessary, that on the model of rules framed by the Ministry of Science and Technology with such alterations as may be necessary, appropriate rules should be framed within four months from now providing promotional avenue for the 'A' category scientists in the non -medical wing of the Directorate. It appears that the said judgment is followed in AIR 2004 SC 1249. it also appears that the observation made in the aforesaid Judgment of the Hon'ble Apex Court are relevant and applicable to the present case.;