- (1.) By Court The petitioners have made the following prayers in the present writ petition: (i) "For issuance of writ(s)/order(s)/direction(s) for quashing the orders as contained in memo no. 10695 dated 15.09.2012 which is not in conformity of government Resolution no. 398 dated 16.01.2012 with respect to minimum qualifying service for promotion to higher posts and declare the petitioners as having completed the required minimum qualifying service for promotion to the post of Deputy Secretary, Grade Pay Rs. 7600/ from their present post of Under Secretary having Grade Pay of Rs. 6600/ as they have completed more than seven years in that Grade Pay i.e. Rs. 6600/. And/Or (ii) For issuance of writ(s)/order(s)/direction(s) specially in the nature of mandamus commanding upon the respondents to immediately consider the rightful claim of promotion of the petitioners to the post of Deputy Secretary as they are other wise qualified for promotion consequent upon quashing of the said order issued vide memo no. 10695 dated 2. 15.09.2012 in the light of true spirit of law as contained in the said Resolution no. 398 dated 16.01.2012. And/Or (iii) For any other relief or reliefs for which the petitioners are legally entitled in the light of facts and circumstances of the case."
(2.) The brief facts of the case are that, the petitioners were initially appointed as Assistants between the period 1974 and 1980. After the implementation of the 6th Pay Revision Report, the petitioners, who were serving as Section Officers, were granted Pay Scale of Rs.15,60039,100/ which is associated with Grade Pay of Rs.6600/. The petitioners were granted promotion on Grade I post, i.e., on the post of Under Secretary by orders dated 29.07.2011 and 04.04.2012, also having the 'Grade Pay' of Rs.6600/. Since, the petitioners were not granted promotion in the rank of Deputy Secretary, they moved this Court in W.P. (S) No. 3243 of 2012, which was disposed of by order dated 30.07.2012, directing the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha to consider the case of the petitioners for promotion from the post of Under Secretary to the post of Deputy Secretary. The claim of the petitioners has been rejected by order dated 15.09.2012.
(3.) A counteraffidavit has been filed raising a plea that since the petitioners do not fulfill the required minimum qualifying period of service for promotion in the rank of Deputy Secretary, their claim has rightly been rejected by order dated 15.09.2012. Paragraph 3. No.12 of the counteraffidavit filed on behalf of Respondent nos.2 is extracted below: 12. "That in reply to statement made in para 15 to 17, 19 & 20 of the writ application under reply, it is stated and submitted that the averments of the petitioners are not sustainable. No petitioners fulfill the required minimum qualifying period of service for the promotion to the rank of Deputy Secretary. In this context, it is further to submit that a minimum time period for the promotion from a lower post to upper post has been determined by the State Government and the same is applicable in all the civil services and cadres as notified vide Resolution No. 398 dated 16.01.2012 (enclose as Annexure 3 'A' of the writ petition). The petitioners are working as Under Secretaries which pay scale is PB III, Rs. 1560039100/, Grade Pay Rs. 6600/. As per rule 6 (2) of the Jharkhand Secretariat Service Rules, 2010 the petitioners may get promotion in the grade of Deputy Secretary while pay scale in PB III, Rs. 1560039100/ Grade Pay Rs. 7600/. As per the provisions of Resolution No. 398 dated 16.01.2012 (Para 3(ii) Sl. No. 18) 5 years of minimum time period is required to the completed by the petitioners for consideration of promotion to the Deputy Secretary Grade, i.e. from Grade Pay of Rs. 6600/ to Rs. 7600/. In Para 4 of the said Resolution, it has been decided that where the fixed minimum time period is not completed on a particular post and the required period has been completed by a candidate on just lower post and half of period determined as minimum period of promotion has been completed on particular post by a candidate, the promotion may be granted in that case within the cadre, when the vacancy is available. The averment of the petitioners is not correct since the petitioners have not completed two and half years on the post of Under Secretary as per Clause 4 of the Resolution no. 398 dated 16.01.2012. It is pertinent to mention here that certain amendments have been made in para 4 of the Resolution No. 398 dated 16.01.2012 vide Resolution No. 5606 dated 25.06.2013 issued by Personnel, 4. Administrative Reforms and Rajbhasha Department, Government of Jharkhand (Copy enclosed as Annexure 7 of the IA petition). It has clearly been mentioned in the amended resolution that Grade Pay obtained through Assured Career Progression/ Modified Assured Career Progression cannot be taken on account for promotion from lower post to higher post.";