PRAMATH PATNAIK,J. - (1.) Since common issues have been involved in both the cases, with the consent of learned counsel for the parties both the cases are being disposed of by this order.
(2.) In the aforesaid writ applications, the petitioners have sought for direction to the respondents to consider and promote/absorb the petitioners on the sanctioned and vacant Grade-III post of Accounts Clerk on the basis of recommendation made by the respondents as per the norms and established procedure for filling of 50% of the vacant posts through internal candidates. The petitioners have further prayed for direction to the respondents to allow the officiating allowance of the higher post of Accounts Clerk on which the petitioners had been discharging their duties since 1991 and 1993 respectively. The petitioners have further prayed for commanding upon the respondents more particularly the respondent nos. 2 and 3 as to how and under what circumstances a similarly situated Class-IV Junior employee namely Sri Brahmadeo Singh, who had also been appointed in similar fashion on Grade-IV post of Chowkidar has been absorbed on Grade-III post of Typist cum Clerk whereas the petitioners, who had been rendering continuous service have been denied.
(3.) The facts, as averred in the W.P.(S) No. 6298 of 2010, in a nutshell, is that on 02.11.1979 the petitioner was appointed as a Chowkidar on daily wage basis. In the year 1991 in 94th meeting of the respondent Board, it has been resolved to absorb the daily wage employees working on Muster Roll prior to 21.01.1985 and accordingly, several employees including the petitioner has been converted/absorbed under work charge establishment. Considering the qualification and eligibility of the petitioner, the respondents posted the petitioner in accounts division and the petitioner was entrusted the work of higher post of Accounts Clerk. Being satisfied with the performance of the petitioner from time to time several recommendation for promotion of the petitioner have been made by the respondents as evident from Annexure-4 series of the writ petition. As evident from Annexure-5 and 6 of the writ petition, the Executive Engineer wrote to the respondent Managing Director to consider and promote the petitioner to the post of Grade-III. The respondents vide its 22nd meeting decided to fill up the vacant post of Grade-III through internal candidates working on the Grade-IV post through a departmental examination. The respondent, Personnel Department, Government of Jharkhand directed all the departments in the State to hold internal examination for absorption of eligible candidates of Grade-IV employees on Grade-III category. In the meantime, the petitioner has reached the upper most pay scale, and is being paid the pay scale of Grade- III w.e.f. 01.01.2008, in view of the resolution of the Government dated 28.02.2009 vide Annexure-10 to the writ application. It has further been averred in the writ application that the respondents vide order dated 14.10.2009, vide Annexue-11, has absorbed one similarly situated Grade IV employee namely Brahmadeo Singh, who was appointed on the post of Chowkidar on the higher post of Typist cum Clerk with retrospective effect. Since the petitioner is senior to the said Brahmadeo Singh both in terms of appointment and qualification, has submitted representations before the respondent authorities on various occasions, ventilating his grievance as per Annexure-12 series. Since, the grievance of the petitioner could not be redressed, left with no alternative the petitioner being constrained has approached this Court, invoking extraordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievance.;