- (1.) Heard learned counsel for the parties.
(2.) Petitioner, a peon in the Sub-Divisional Office, Pakur claims promotion to Class-III posts for which the respondent-authorities of the District of Pakur also conducted a limited competitive examination in terms of Jharkhand State Clerical Cadre(Recruitment, Promotion and Other Service Conditions)Rules, 2010. Petitioner came before this Court alleging that in the preparation of the roster, the Respondent-authorities did not follow the instructions of the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand contained in resolution no. 1072 dated 17.2.2009, which prescribes 5 points roster in cases of promotional exercise for the small cadre in view of the Circular No. 986 dated 30.3.2005 as is indicated at Appendix IV thereof.
(3.) Petitioner referred to the merit list at Annexure-5 where in the unreserved category, he was the 4th candidate after Manzoor Hussain, Sushil Kumar and Rajendra Nath Dubey. Manzoor Hussain and Sushil Kumar were promoted from the unreserved category by Annexure-6 bearing memo no. 336 dated 6.7.2012 to Class-III post as per the order of the Deputy Commissioner, Pakur. Rest 3 persons were promoted from the reserved category, though, 3 persons from the un-reserved category should have been promoted upon following the 5 points roster. However, after Manzoor Hussain accepted new appointment on the post of Amin, the respondents promoted Rajendra Nath Dubey, who has got one mark more than the petitioner in the examination conducted for promotion to Class-III posts.;