- (1.) HEARD . The petitioner in this writ petition has prayed for issuance of a direction to the respondents to grant him promotion from class IV to class III post. Such claim has been made on the basis of the judgment rendered by the Ranchi Bench of the Patna High Court in CWJC No. 1403 of 1995R (Satrughan Jha V/s. The State of Bihar) in which identical issues were raised by a similarly situated class IV employee and upon accepting his prayer, a direction was issued to the respondents concerned in the said the writ petition.
(2.) FACTS of the case in brief is that the petitioner's father, who was in employment under the respondents, died in harness where -after, the petitioner applied for his compassionate appointment. He was offered a class IV post in the office of the Presiding Officer, Labour Court, though the petitioner was an aspirant for class III post and had also mentioned his educational qualification. Thereafter the petitioner submitted his representation before his superior authorities for his promotion to class III post. The petitioner's grievance is that though vacancies arose during the subsequent years for class III post, but the petitioner was not given any preferential treatment and his claim has been virtually denied. Relying upon the judgment of this Court in the case of Satrughan Jha (supra), learned counsel for the petitioner submits that the facts of the petitioner's case is identical to the facts of that case and the petitioner also deserves the same benefit as extended to the writ petitioner in the aforesaid case.
(3.) COUNTER affidavit has been filed on behalf of the respondents stating that the petitioner's entire claim is misconceived and reliance placed on the judgment in the case of Satrughan Jha (supra) is misplaced. Learned counsel explains that the petitioner in this case had applied for compassionate appointment which was granted to him against a class IV post. On the date of his appointment there was no vacancy existing in class III post. The petitioner, without any reservation, accepted the appointment on class IV post. Learned counsel explains further that according to the rules, 75% of the vacancies in Class IV posts are to be filled up by way of direct recruitment and 25% posts on the basis of promotion. Learned counsel explains further that though steps were taken to fill up vacancies in class III posts for which applications from employees in class IV posts were received, but on account of frequent and abrupt transfer of the Presiding Officers of the Tribunal/Labour Court who were authorized to take decision on the issue of promotion, vacancies in the promotee quota could not be filled up. However, eventually when the applications were taken up for consideration, those senior to the petitioner in the gradation list, were given promotion.;