- (1.) IN this writ petition, the petitioner -association has prayed for quashing the decision, contained in Memo No. 1493 dated 27.9.2007, whereby the authorities have' fixed the ratio/quota illegally for the purpose of promotion to the posts of Manager/Assistant Director ignoring the post of Assistant Superintendent and the officers of equivalent posts working in the Sericulture Sector.
(2.) IT has been stated that the pay -scale of the members of the petitioner -association holding the posts of Assistant Superintendent and the equivalent posts are equal to the posts of Industrial Extension Officer and that they are also entitled for consideration for promotion to the next higher posts of Manager/Assistant Director. The respondents in the said Memo No. 1493 dated 27.9.2007 (Annexure -4) have fixed quota for different posts, but the posts of the members of the petitioner -association have been excluded. The said Annexure -4 is, thus, arbitrary and is not sustainable. The respondents in their counter affidavit have stated, inter alia, that the method of recruitment and condition of services of the persons appointed to the Bihar Industrial Services is governed by the rule known as Bihar Industries Service Cadre Rules, 1987.
(3.) RULE 11 (c) of the said Rules provides that the initial promotion shall be made amongst the officers listed in Schedule -IV appended to the rule on the basis of the seniority -cum -merit. Schedule -IV of the said Rules provides the list of officers in subordinate service for the purpose of consideration for promotion to the posts of Manager/Assistant Director. The said Schedule -IV includes the posts of Assistant Manager, District Industries Centers; Superintendent Cluster Type Training Centers/Model Center; Deputy Information Officer; Pilot Project Officer (Tessor); Other equivalent post in the Department; Industrial Extension Officer and Economic Investigators/Statistical Assistant/supervisor.;