Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties. Petitioner is seeking promotion to the rank of Joint Secretary in the scale of Rs. 37,400 -67,000/ - with effect from the dates persons appointed along with the petitioner, have been considered.
(2.) As would appear, petitioner was appointed on the post of Deputy Collector after succeeding in the recruitment test conducted by the Bihar Public Service Commission in the 30th batch in 1984. In 1995, he was considered and granted junior selection grade with effect from 27.8.1994. Petitioner was promoted to the rank of Sub -Divisional Officer by Notification dated 19.7.2005 on the recommendation of Departmental Promotion Committee. He has again been promoted as an Additional Collector on 31.8.2009 vide Notification No. 5751. He however has sought promotion to the rank of Joint Secretary. Petitioner has retired on 31.5.2013 while working as Director, NEP, Godda in the rank of Additional Collector. Petitioner has also relied upon the Resolution dated 16.1.2012 bearing Memo No. 398 which prescribes the required kalawadhi for substantive promotion depending upon remaining in one particular grade for a particular period.
(3.) According to the respondents, for promotion to the rank of Joint Secretary and equivalent, a Government servant has to work for a minimum of five years on the post equivalent to Additional Collector, as provided under the Resolution dated 16.1.2012. Petitioner has retired on 31.5.2013 and has completed only 3 years and 9 months on the post equivalent to that post. Hence, he was not eligible for promotion till the date of superannuation. As per the counsel for the respondents, even in view of the provisions of relaxation prescribed, petitioner has not completed ten years of service on the post equivalent to the Sub -Divisional Officer i.e. 50% of the period permissible to be relaxed in the scheduled kalawadhi. He would have completed ten years on the rank of Sub -Divisional Officer on 19.7.2015 and then entitled for five years relaxation being 50% in the kalawadhi for promotion from ADM to the Joint Secretary. Petitioner has neither completed kalawadhi of five years on the post he was holding i.e. equivalent to ADM, nor completed ten years on the post lower to the present post for 50% relaxation in the kalawadhi. Therefore, he was not eligible for next higher promotion till the date of his retirement. These specific grounds and facts do not stand refuted by the petitioner. Having taken into account the aforesaid material facts and submissions advanced, it appears that the petitioner has not satisfied the required conditions for next higher promotion to the post of Joint Secretary having not completed the required kalawadhi on the immediate post which he was holding or the next lower post. Therefore, no interference is required in such circumstances on the plea of the petitioner. The writ petition is accordingly dismissed.;