- (1.) The petitioners have approached this Court seeking quashing of order dated 26.03.2013 and a consequent direction for promotion on the post on of Circle Inspector-cum-Kanoongo.
(2.) The brief facts of the case are that, the petitioner no.1 joined the service on 28.11.1976 and the petitioner no. 2 joined the service on 29.11.1976. A seniority list was published in the year, 2012 in which the name of the petitioner no. 1 appeared at Sl. No.159 and the petitioner no.2 at Sl. No. 160. The name of the respondent nos. 8-21 appeared below the name of the petitioners in the said seniority list issued in the year, 2012. Nonetheless, the claim of the petitioners on the post of Circle Inspector-cum-Kanoongo was denied by letter dated 26.03.2013.
(3.) A counter-affidavit has been filed stating as under: 10. " That it is stated and submitted that 44 revenue employees were given promotion to the post of Circle Inspector-cum-Kanoongo) from the departmental order as contained in memo no. 2460/Ra. dated 12.10.2009 issued under the signature of the Under Secretary, Revenue and Land Reform Department, Government of Jharkhand in which the position of the vacancy as on 14.02.2009 according to the roster clearance was as follows:- General Category- 60 posts Scheduled Tribe- 23 posts Scheduled Caste- 11 posts 11. That it is stated and submitted that the matter of the promotion on the 60 vacant posts of general candidates was considered by the departmental promotion committee in the meeting held on 25.08.2009 at 11.30 A.M. under the chairmanship of the Principal Secretary, Revenue and Land Reform Department, Government of Jharkhand. 12. That it is stated and submitted that the said matter of the promotion was considered till Shri Basudeo Mandal whose name appears at Sl. no. 96 of the seniority list in the agenda whereas the name of the petitioner- Awadha Kishore Prasad appears at Sl. no. 120. Therefore, the matter of the promotion of the petitioner-Awadha Kishore Prasad was not considered according to the vacancy. 13. That it is stated ans submitted that Jharkhand Revenue Service Cadre (Appointment, Promotion and Service Condition) Regulation, 2011 was notified from the departmental notification as contained in memo no. 549/Ra. dated 24.02.2012 issued under the signature of the Principal Secretary, Revenue and Land Reform Department, Government of Jharkhand according to which the promotions to the post of Circle Inspector-cum-Kanoongo have to be given to those revenue employee who hold the graduate degree. 14. That it is stated and submitted that from Sl. no. 159 onward the matter of promotion of the petitioners-Awadha Kishore Prasad and Another was considered in the meeting of the departmental promotion committee under the chairmanship of the Principal Secretary, Revenue and Land Reform Department, Government of Jharkhand held on 21.03.2013 and the recommendation of promotion was not made as because the petitioners are matric pass and the petitioners are not holding the graduate degrees.";