- (1.) PRAYER in this writ application has been made by the petitioner to issue an appropriate writ commanding upon the concerned respondents to consider the petitioner's case for promotion from his present post of Gram Panchayat Sewak to the post of Gram Panchayat Paryavekshak and also to grant him second time bound promotion which, according to him, is due since 1992.
(2.) THE petitioner's contention is that he was appointed under the erstwhile State of Bihar as Gram Panchayat Sewak on 8.1 .1982 and he was posted as such in the Lapung Block within the district of Ranchi. He is a graduate belonging to the Backward Class and according to the rules, he is entitled to such promotion to the post of Gram Panchayat Paryavekshak. It is also contended that the first time bound promotion was given to the petitioner after completing 12 years of continuous service from the date of his initial appointment but his second time bound promotion, which is due to him according to rules after completing 24 years of service, has been denied to him. A counter affidavit has been filed on behalf of the respondent wherein the claim of the petitioner has been disputed. It is sought to be explained that prior to the creation of the new State of Jharkhand, 50% of the total vacant posts of Gram Panchayat Paryavekshak were filled up from the acting graduate/non -graduate Gram Panchayat Sewaks by circular/resolution No. 1574 dated 7.3.1983 issued by the Rural Development and Panchayat Raj Department, Government of Bihar. However, after the bifurcation of the State of Bihar, the aforesaid resolution has no force in the State of Jharkhand. In fact State of Jharkhand has also initiated the process of formulating its rules under the Jharkhand Panchayat Samitee Establishment (Appointment, Service Condition and Duty) Rules and until the rules are finalized and officially accepted, (he petitioner's claim for his promotion to the post of Gram Panchayat Paryavekshak cannot be considered at this stage.
(3.) AS regards the petitioner's prayer for the second time bound promotion that he is entitled to second time bound promotion after completing 24 years of continuous service, it is sought to be corrected that the total length of service is not 24 years but is' 25 years and accordingly, the petitioner's case has not ripen for considering the second time bound promotion.;