Sujit Narayan Prasad, J. - (1.) This writ petition has been preferred for issuance of incorporate direction upon the respondent-authority to consider the case of promotion of the petitioners from the post of Staff Nurse Grade-A to Sister Tutor (Junior) in terms of Jharkhand Nursing Cadre Appointment, Promotion and Service Condition Rule, 2012 on the ground that petitioners are fulfilling all eligibility criteria in terms of the aforesaid rule. The second prayer has been made that petitioners have been allowed to discharge the duty in the higher post, therefore, they are entitled to get 20% of officiating allowance and in terms of the fact that they have discharged duty on the higher post.
(2.) The grievance of the petitioners is that they are working as Staff Nurse Grade-A since they have been appointed by erstwhile State of Bihar. Thereafter on the bifurcation of the State of Bihar by coming into the Bihar Reorganisation Act, 2000, 45 posts have been allocated to the State of Jharkhand and all the 45 posts of Sister Tutor (Junior) are vacant. He submits that out of 45 posts, only one post is being held on substantive capacity, therefore, remaining 44 vacancies are being filled up on the basis of in-charge capacity and the petitioners are amongsts them.
(3.) Learned counsel for the petitioner submits that when vacancies are available, the employees are eligible to be considered for promotion, running the department on ad-hoc basis is not proper. Since the petitioners are being deprived from their opportunity to be considered for regular promotion in the higher post. This situation is going on since the year 2003 and hence this writ petition. Their further grievance is that they are also not being paid the officiating allowance as per the provision of service rule which provides that in case of posting in in-charge capacity, 20% of the total salary would be admissible by way of officiating allowance.;