- (1.) HEARD learned counsel for the parties. The petitioner, being an incumbent of Bihar Agriculture Service, ClassII, Category1(Agronomy) and posted as Senior Agriculture Extension Officer with effect from February, 1988 and also being a candidate of the scheduled tribe category, sought for consideration of his case for promotion in Junior Selection Grade with effect from 5.2.1993 after completion of 5 (five) years of service. However, the petitioner could not be granted the said promotion in Junior Selection Grade in the year 1993 and later on in the year 2001 for want of vigilance clearance.
(2.) THIS writ petition was preferred in the year 2005 seeking direction upon the respondentsauthorities to promote him in Junior Selection Grade with effect from February, 1993. It is the case of the petitioner that he had already passed the Hindi as well as Accounts departmental examination in the year 1990 and was also eligible for such consideration and promotion in Junior Selection Grade. In that regard, representations have also been made on his behalf but of no avail. Accordingly, with the aforesaid grievances, he had approached this Court. Counsel for the petitioner submits that respondent no. 1, State of Jharkhand in their counter affidavit, filed in 2005, shifted the responsibility upon the State of Bihar as the cadre of the petitioner was not bifurcated by then and the cadre controlling authority, as per them was Department of Agriculture, Government of Bihar, Patna. The respondent State of Jharkhand had also requested the Agriculture Produce Commissioner, Government of Bihar, Patna through letter dated 28.5.2005, AnnexureA to the said counter affidavit, to take a final decision in regard to the promotion of the petitioner. The respondent no. 3State of Bihar, in their affidavit, filed in February 2006, has taken a stand that such promotion in Junior Selection Grade is to be granted on the basis of consideration of several factors like minimum 'Kalawadhi', roster clearance, integrity certificate as well as availability of the post in the scheduled tribes category, from which the petitioner belongs. His name was placed at Gradation list at serial no. 1006. Officials up to Gradation serial no. 917 of the said category were granted Junior Selection Grade as per availability of post vide notification dated 29.5.2002. His comparison with the case of another Sri Singheshwar Paswan was denied as the other similarly placed persons belong to scheduled caste category. Therefore, as per the stand of the State of Bihar in the said promotional exercise, promotion to the post of Junior Selection Grade could not be granted to the petitioner.
(3.) THE petitioner by way of his supplementary affidavit has stated that the cadre division of his service had taken place vide order no. 53(B)/2006 dated 17.3.2006 issued by Ministry of Personnel, Public Grievances and pension, Department of Personnel and Training, Government of India, Annexure14.;