Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties. Petitioners are Class -IV employees working in the Health Department under the district of Lohardaga. They seek grant of promotion to Class -III post in view of the Jharkhand State Clerk/Clerk -cum Typist/Typist/Other Clerical Services Cadre (Recruitment, Promotion and Other Service Conditions) Rules, 2010, notified on 27.3.2010 bearing Memo No. 1749 (Annexure -4) issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand. Petitioners have referred Annexure -6, Memo No. 32 dated 6.2.2012 whereunder, all the Civil Surgeons in the respective districts in Jharkhand have been directed to calculate 15% of Class -III post in all categories to be filled up on promotion from Class -IV employees till 1.1.2012 after obtaining roster clearance. Further direction was also issued by the said reasoned order dated 6.2.2012 upon the Director, Health Services to prepare a consolidated list obtained from different districts for undertaking an exercise for promotion of suitable candidates to Class -III posts through the recruitment process to be undertaken by the Staff Selection Commission. It is submitted that the Civil Surgeon -cum -Chief Medical Officer, Lohardaga pursuant to the direction of the Director in Chief, Health Services, Jharkhand as contained in Annexure -7 series, has sent the list of such Class -IV employees, which includes the name of the petitioners also vide letter No. 1657 dated 8.8.2013. It is submitted that despite direction made by the respondent -authority till date, no such exercise has been undertaken. Petitioners would suffer stagnation in service, otherwise, if such promotional exercise is not undertaken within time bound manner. Learned counsel for the petitioners has relied upon the observations made by this Court in WP(S) No. 2796/2013 vide judgment dated 8.10.2015 in the case of Prem Kumar Sharma & Another vs. State of Jharkhand & Ors., which is also related to a claim of promotion to Class -III posts of the incumbent of the Health Department and now being guided by the Rules of 2010.
(2.) Learned counsel for the respondent -State submits that the writ petition has been filed two weeks back, instructions have not been furnished. However, respondents have been conscious of the requirement of undertaking such promotional exercise as per the provisions of 2010 Rules as the relevant Annexures to the writ petition show. It is submitted that since this Court has in the case of Prem Kumar Sharma & Another vs. State of Jharkhand & Ors., WP(S) No. 2796/2013 (supra) observed that such recruitment process should be initiated within a reasonable time through the Recruitment Agency for filling up of Class -III cadre post in different districts of Jharkhand under the Health Department, the present writ petition can also be disposed of in terms of the observations/directions made therein.
(3.) Having taken note of the relevant materials facts pleaded and the submissions made, since the present writ petition also seeks consideration of candidature of the petitioners for promotion to Class -III posts from Class -IV posts subject to fulfillment of the conditions laid down under Rule 2010, it can be disposed of in similar terms as observed in the case of Prem Kumar Sharma & Another vs. State of Jharkhand & Ors., WP(S) No. 2796/2013 (supra). The operative portion of the said judgment is quoted hereinbelow for proper appreciation: - - "Considered the submissions of the parties in the light of material facts as stated hereinabove. On perusal and consideration of the grounds taken in the impugned order, it cannot be said to be illegal or without application of mind. If the Rules of 2010 laid down the provision for recruitment/promotion to Class -III post through Staff Selection Commission or JPSC, the Civil Surgeon could not have undertaken the said exercise. However, if the vacancy of such Class -III post exists in the organization where the petitioners are working and such details have also been invited by the Director -in -Chief, Health Services from the office of respondent No. 4, diligent steps should be taken to initiate the process of promotional exercise through the designated Commission i.e. Staff Selection Commission within a reasonable time by the respondent -Department. Needless to say any candidate, who fulfills the prescribed eligibility criteria under Rule 2010 and is eligible would have claim for consideration in any such recruitment exercise. Since it does not appear that such process has yet been initiated, it would only be proper that such exercise be undertaken by the respondent -Department after obtaining the vacancy position etc. of Class -III cadre in the different districts under the Department within a reasonable time through the recruitment agency preferably within a period of 16 weeks from the date of receipt of a copy of this order. However, no interference is required in the impugned order. This writ petition is disposed of with the aforesaid observation and direction." This writ petition stands disposed of in terms of the aforesaid observation and direction.;