PATNA HIGH COURT ISSUES JUDGEMENT ON UMA SHANKAR V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Sept. 17 -- Patna High Court issued the following judgment on Aug. 18:

Heard the parties.

2. The petitioner has approached this Court seeking a direction upon the respondents to appoint him as a Clerk by way of promotion from Class-IV post to Class-III post and to grant all the consequential benefits for which the petitioner is found entitled.

3. The petitioner was appointed on compassionate ground under letter as contained in Memo No. 792 dated 20.12.2006 issued by the District Education Officer, Sheikhpura. It is submitted that in the year 2008, the petitioner had passed his B.Sc. Examination and in the meanwhile, the Government of Bihar and the Department of Education has come up with a Letter No. 1971 dated 13.08.2012 providing, inter alia, 15% of Class-III post to be filled up by way of promotion from Class-IV post employees.

4. In pursuant to the letter afore-noted, the petitioner along with other eligible employees filed applications for their promotion from Class-IV to Class-III post. On being found eligible, the Headmaster of the said school submitted the details of Class-IV employees in the prescribed proforma in response to the Letter No. 1824 dated 25.10.2023 issued by respondent No. 3. A panel was duly prepared and as per the seniority of Class-IV employees, the name of the petitioner figured at serial No. 3. Notwithstanding the 17 vacancies of Clerk, prior to preparation of panel, further two more post became vacant in different high schools and thus there were altogether 19 vacant post. Hence, in any view of the matter, three post should be filled up in terms with Government Letter No. 1971 dated 13.08.2012 by promoting the Class-IV employees on Class-III post. But surprisingly, only two candidates from the panel, namely, Shri Vijay Kumar and Diwakar Kumar Pandey were appointed and posted as Clerk by way of promotion under Memo No. 683 dated 13.03.2024. It is the specific contention of the petitioner that 15% of 19 vacant post comes to 3 post and thus, in any circumstances, the petitioner being third in the panel, his name should be considered for appointment by way of promotion to Class-III post.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTI4NzMjMjAyNSMxI04=-jsFugL2tNsY=

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