JUDGEMENT
S.J.MUKHOPADHAYA, J. -
(1.) THIS application has been preferred by the petitioner against Advertisement No.3/02 -03 published by the Jharkhand Public Service Commission, Ranchi (J.P.S.C.), in newspaper "Prabhat Khabar" on 21st August, 2002 so far it relates to appointment on the post of Director of Fisheries, Fisheries Department.
By the aforesaid Advertisement applications have been called for from the persons within the age group of 55 years having requisite qualification of M.Sc. (Fisheries), published research papers of Essay having 20 years of experience, for appointment against the post of Director, Fisheries in the pay scale of Rs. 12000 -16500/ -.
(2.) THE main plea taken by the petitioner is that the post of Director of Fisheries is a promotional post of Class -I Officers of Fisheries Department and cannot be filled up by direct recruitment. On the other hand, according to the Respondents, the post can be filled up by Direct Recruitment. The only question to be determined in this case is whether the post of Director of Fisheries, Fisheries Department of Government of Jharkhand is a promotional post of Class -I Officers of Fisheries Department or a post to be filled up by direct recruitment?
The Respondent -State of Jharkhand have not made it clear whether the post in question, is a promotional post or not, though the following stand has been taken by them
"A. Application from suitable candidates should be invited through open advertisement.
B. Candidate should hold at least a M.Sc. Degree in Fisheries Science from a recognized University;
C. He should have a minimum service experience of at least 20 years out of which at least five years experience should be on class -I post. Only such candidate should apply who were presently working in the pay scale of Rs. 14300 -18300/ - or in a scale immediately below this scale. Persons working in the pay scale of Rs. 16400 -450 -20000/could also be considered.
D. The following qualifications would also be desirable and necessary weight age would be given for them;
- Research paper, Discussion or some publication accredited to the candidate;
- Administration experience, if any;
- Working knowledge of computers."
(3.) FURTHER case of the State of/Jharkhand is that the post, in question, was earlier advertised on 17th August, 2001, but no suitable person having applied, the post has been re -advertised by the J.P.S.C. In the Advertisement No. 3/02 -03, the J.P.S.C. lowered down the scale of pay of the post of Director of Fisheries of their own from Rs. 14300 -18300/ - to Rs. 12000 -6500/ -.;
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