2025:JHHC:14316 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.2976 of 2018 ------- 1. Kumar Raja aged about 44 years, Son of Sri Damodar Kuvar, Resident of Bank Colony, Post Office- Pakur, Police Station- Pakur, District- Pakur. (2) Dipali Sah aged about 36 years, wife of Sri Suman Kumar Mishra, Resident of Kailash Nagar, Railway Malgodam Road, Post Office Kailash Nagar, Police Station- Pakur, District- Pakur. (3) Churka Soren aged about 53 years, Son of Late Sanjhala Soren, Resident of Village Nawadih, Post Office- Littipara, Police Station- Littipara, Distarict- Pakur. ...… Petitioners Versus 1. The State of Jharkhand, through the Principal Secretary, Department of Medical Education and Family Welfare, Government of Jharkhand, Nepal House, Post Office and Police Station- Doranda, District- Ranchi (Jharkhand). 2. The Director-In-Chief, Health Services Jharkhand, Ranchi, National Health Mission, Namkum, Post Office and Police Station- Namkum, District- Ranchi, Jharkhand. 3. The Deputy Commissioner, Pakur, P.O. & P.S. and Dist-Pakur. Jharkhand. 4. The Civil Surgeon-cum-Chief Medical Officer, Pakur, P.O & P.S. and Dist. Pakur- Jharkhand. …. Respondents ------- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- For the Petitioner : Mrs. Nitu Sinha, Adv. For the Res. State : Mr. Ajit Kumar, Adv. ------- 13/Dated:30.04.2025 1. The instant writ application has been preferred by the petitioners praying therein for quashing and setting aside of the order dated 6/3/2018 passed by the 2025:JHHC:14316 2 District Establishment Committee Pakur; whereby the representation of the petitioners regarding their joining on class-III post in pursuance to the order dated 24-11- 2017 (Annexure-6) in W.P.S No. 987 of 2014 passed by this court has been rejected and it has been held that the promotion given to the petitioners in the year 2012-13 is illegal and irregular. 2. Earlier also the Petitioners moved before this Court, wherein the Coordinate Bench of this Court has quashed the impugned Order dated 30.01.2014 (Annexure-3 of that writ petition), by giving liberty to the respondents to take a fresh decision in accordance with law and after following principle of natural justice. For brevity Paragraph 2, 3, 4, 5, and paragraph 15 is extracted hereinbelow, which will throw light with regard to the history of the case. 2. The petitioners were appointed as IV grade employee in the year 2005 and were posted in the office of Civil Surgeon cum Chief Medical Officer, Pakur. The petitioners were promoted to class III posts conducted by the District Administration after following due process of written test and interview in which the petitioner appeared and declared successful. Further their promotion was approved by the District Establishment Committee on 01.06.2013. 3. It is the case of the petitioners that the order of promotion was issued by respondent No.3 on 14.06.2013 and the petitioners were promoted as Clerk and were placed in the pay scale of Rs.5200- 20,200/- with grade pay of Rs. 1900/- 4. It is the further case of the petitioners that vide notification dated 27.03.2010 issued by Government of Jharkhand it has been made clear that 15% of the post of the Clerk would be filled by promotion from IVth Grade after conducting written examination. The petitioners are working as IIIrd grade employee sincerely since June, 2013 with the satisfaction of their superior authority. 5. It is the specific case of the petitioners that all of sudden the petitioners received the order dated 30.01.2014 issued by Civil Surgeon cum Chief Medical Officer, Pakur by which it was 2025:JHHC:14316 3 inforrned that they have been reverted back to grade IV posts and they will be getting salary attached with IVth grade posts. Aggrieved by the said order, the petitioners have knocked the door of this Hon'ble Court. 15. I hereby quash and set aside the order dated 30.01.2014 at Annexure-3. However, the respondents are free to take any decision in accordance with law after following the due procedures and provisions of natural justice and after giving ample opportunity for hearing to the petitioners. 3. The record further reveals that pursuant to the order passed by this court, the petitioners represented the concerned respondent who after giving full opportunity to the petitioners, came to the conclusion that the appointment of the petitioners were against the provisions of law and the notifications issued by the government from time to time and finally their claim for promotion on class 3 post has once again been rejected (Annexure-6). For brevity, the relevant portion of the order is extracted here in below: अतएव सभी बिन्दुओं पर सम्यक् रूप से बवचारोपरान्त सबिबत द्वारा यह पाया गया बक वर्ष 2012- 13 िें दी गयी सिुह "घ" के उक्त पााँचों कबिषयों को सिुह - ग िें दी गयी प्रोन्नबत सरकारी िापदण्डों / प्रावधानों के अनुरूप व सिय-सिय पर बनगषत बवभागीय पररपत्रों के आलोक िें नहीं होने के कारण पूणष रूप से अवैध एवं अबनयबित है। चतुर्ष वगष से तृतीय वगष िें प्रोन्नबत हेतु सीबित परीक्षा आयोजन का अबधकार बजला को नहीं िबकक झारखंड किषचारी चयन आयोग को प्राप्त है। अतएव तत्कालीन असैबनक शकय बचबकत्सक-सह-िुख्य बचबकत्सा पदाबधकारी, पाकुड़ के द्वारा उक्त पााँचों चतुर्ष वगीय कबिषयों को तृतीय वगष िें दी गयी प्रोन्नबत बवभागीय संककपों के अनुरूप नहीं होने के कारण सबिबत द्वारा सवषसम्िबत से उक्त पााँचों कबिषयों के द्वारा तृतीय वगष िें पुनः बनयुबक्त हेतु बदये गये अभ्यावेदन को अस्वीकृत करने का बनणषय बलया गया। 4. A supplementary counter affidavit has been filed by the Respondents contending that in view of notification dated 27-3-2010 at Para-4 Gha, the appointment/ promotion of any employee in class 3 shall be done by Jharkhand Staff Selection Commission. 2025:JHHC:14316 4 5. However, though the notification came in the year 2010, but there was no rule as to how the case of promotion will be done by JSSC. It further appears from Annexure-7 to the writ application that in the year 2011, vide the Gazette notification dated 30.09.2011; in para 5, first proviso, it has been indicated that Power of the Jharkhand Staff Selection Commission to recommend for appointment to all posts of Group C will not be applied in the case of District or field level post of these services/ cadres. For brevity, paragraph 5 (i) is extracted hereinbelow:- 5. ……………….. (i) The Commission may recommend for appointment to all the posts of Group C and Non-gazetted General/Technical/Non- Technical Service/Cadres of the State Government in Group B where there is provision of direct appointment partially or in full, and selection on which is not done by Jharkhand Public Service Commission. Provided that, district or field level posts of these services/cadres and uniformed posts of Police, Fire services and Home Guards shall remain excluded from the purview of State Staff Selection Commission. 6. From bare perusal of the amended Notification of 2011 and also the fact that no rules were framed pursuant to the Notification of March 2010, the impugned order deserves to be quashed and set aside on two counts. Firstly, there was no rule as to the promotion and further the Petitioners were promoted by the competent authority after taking written examination and interview and secondly; as per the amended Notification 2025:JHHC:14316 5 of 2011, the district or field level posts of these services/cadres and uniformed posts of Police, Fire services and Home Guards were to be excluded from the purview of Jharkhand Staff Selection Commission. 7. Though, learned counsel for the respondents tries to defend the impugned order by referring to the notification of 2010 and contending that it is only Jharkhand Staff Selection Commission who is competent for recommending the name of the candidates for promotion and internal promotion is barred by this notification; the counsel for the respondents could not defend the contention that the said notification was subsequently amended by gazette notification of 2011, wherein the persons like these petitioners who are working in class-IV, were exempted. 8. Having regard to the aforesaid facts and circumstances of the case, and also after going through several provisions, it is crystal clear that though initially vide notification of the year 2010, JSSC was designated to be the commission for recommending the name of the candidates for promotion. However, it is an admitted case of both the parties that no rules were framed pursuant to the said notification. It is also an undisputed fact that on 30.09.2011, a further amendment came known as 2025:JHHC:14316 6 Jharkhand Staff Selection Commission Amendment Act 2011, wherein at para 5 (i), it is clearly indicated that the commission may recommend for appointment to all the posts of Group C and Non-gazetted General/ Technical/ Non-Technical service/Cadre of the State Government in Group B where there is a provision of direct appointment partially or in full. However, a proviso has been stipulated in the said sub-section by indicating that, district or field level post of these service/cadres and uniformed post of police, fire service, and home guards shall remain excluded from the purview of the State Staff Selection Commission. 9. This particular proviso in unequivocal terms has excluded the jurisdiction of the Jharkhand Staff Selection Commission with respect to the promotion of Class-IV employees at that time. As such, in the impugned order; only by writing that several executive orders were not followed will not suffice, inasmuch as, even in the counter affidavit, nothing has been brought on record in order to show that rules were not followed by giving promotion to these petitioners. 10. As stated herein above, there was a valid written examination conducted by the competent authority which the petitioners duly qualified and thereafter interview was conducted. These facts which 2025:JHHC:14316 7 have been stated by the Petitioners, have not been controverted by the Respondents, either in the counter or during course of arguments. 11. Having regard to the above discussions, the impugned order, is hereby, quashed and set aside. The Respondents are, hereby, directed to give all consequential benefits to these petitioners within a period of 16 weeks. 12. As a result, the instant writ application stands allowed in the manner indicated hereinabove. Pending I.A.s, if any, is also closed. (Deepak Roshan, J.) Fahim/-