Aparesh Kumar Singh,J. - (1.) Heard learned counsel for the parties.
(2.) The simple grievance of the petitioner herein, who is posted as Peon, a Class-IV post under the Rural Works Organization, Works Division, Jamshedpur is that his case should also be considered for promotion to Class-III post along with all other eligible persons as not only there is a circular which provides for such promotion from Class-IV but petitioner is also otherwise entitled as he is working on the same post from 25.7.1980 and is a Matriculate having I.T.I training as also typing trained. It is submitted that there has been several instances where Class-IV employees have been given to work as Class-III employee in an indiscriminate manner without regular promotion such as the order dated 11.1.2007 issued by the Superintending Engineer, Rural Engineering Organization, Ranchi Circle as also other such instances enclosed in Annexure-8 series issued by the Controlling Officers of the Rural Works Department. It is submitted that one Madhusudan Ghosh who was appointed much later on 20.9.1980 has also been granted promotion though he is at serial no. 47 of the tentative gradation list dated 26.1.1987 where as petitioner is placed at serial no.32. In the wake of aforesaid material facts pleaded, learned counsel for the petitioner has referred to the communication dated 14.5.2007 (Annexure-7) issued by the Superintending Engineer, Rural Engineering Organization, Ranchi Circle addressed to the Engineer-in-Chief cum Additional Commissioner cum Special Secretary, Rural Works Department, Government of Jharkhand seeking direction/guidelines for undertaking promotional exercise against a number of Class-III post vacant in Rural Engineering Organization, Ranchi Circle. Learned counsel for the petitioner submits that the said order itself refers to the departmental circular dated 14.10.1990 issued by the Department of Personnel, Administrative Reforms and Rajbhasha bearing memo no. 786, which provides for promotion from Class-IV to Class-III. Therefore, petitioner is seeking direction upon the concerned respondents to undertake the promotional exercise to fill up the quota of vacant post meant for promotion from Class-IV post in the respective Circles of the Rural Works Department. It is submitted that the Superintending Engineer is the competent authority having power to appoint or promote on Class-III post from Class-IV post as per the same letter dated 14.5.2007.
(3.) Learned counsel for the respondent- State submits that the contention of the petitioner that he has been humiliated is not correct as he has been given due pay scale of Rs. 5000-20,200 with Grade Pay of 2400 according to his qualification. Besides that respondents have also stated that the tentative gradation list was issued on 26.10.1987 by the Superintending Engineer, Rural Engineering Organization, Works Circle, Ranchi. The Office of respondent no.3, Superintending Engineer, Rural Works Organization, Work Circle, Chaibasa, West Singbhum has come into existence from 7.8.2002. Petitioner despite issuance of tentative list inviting objection has not objected to the same within time stipulated. Learned counsel for the respondent- State however has not been able to show from the affidavit filed on their behalf that the respondents have thought of initiating any process for promotion from Class-IV post of such employees who fulfil the necessary eligibility criteria in the said Circles and whether the quota of promotional Class-III post has been earmarked for the said purpose.;