IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3620 of 2006 DUKHA DAS SON OF LATE SITABI DAS OF VILLAGE ENGLISH P.O. BANIVIA MAHESH KHUNT, P.S. GOGARI DISTRICT KHAGARIA. Versus 1. THE STATE OF BIHAR THROGUH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE D.G. CUM I.G. BIHAR, PATNA. 3. THE D.I.G. OF POLICE, MUNGER RANGE, MUNGER. 4. THE S.P. BEGUSARAI. with CWJC No.3629 of 2006 BASANT KUMAR RAM SON OF LATE RAM SAGAR RAM RESIDENT OF VILLAGE PAKARI, P.S. NAWADA, DISTRICT BHOJPUR. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE D.G. CUM I.G. BIHAR, PATNA. 3. THE D.I.G. OF POLICE, PURNIA RANGE, PURNIA. 4. THE S. P. ARARIA. ----------- For the Petitioners :- Mr. Pawan Kumar For the Respondents :- Mr. Md. Nasim Akhtar, A.C. to S.C.V ---- 2 28/10/2010 Petitioners are aggrieved because they are not being given promotion to the posts of Havaldar or Jamadar despite having good service record and despite junior to the petitioners having been promoted. Stand of the State is that the promoted post is akin to Class III post and according to the opinion of Raj Bhasha Vibhag petitioners ought to have passed Hindi Noting and Drafting Examination to demand right of - 2 - promotion. It is on this basis that their claim has also been rejected at the level of the Director General of Police. Stand of the State officials and the respondents in rejection of the claim of the petitioners seems to be totally misplaced as appointment of the petitioners is from a quota of such persons who are not literate and the nature of the work which the petitioners is supposed to perform does not require any hindi noting and drafting as they are never posted to a police station or deputed for any work which requires any writing or drafting skill. Petitioners or the persons of similar kind are deputed for imparting training to the constables and passing of hindi noting and drafting examination ground or basis has been wrongly applied to their cases. Stand of the petitioners is that they are required to pass S.L.C. examination which they have already done and for promotion from the post of constable to Havaldar and thereafter, that is the only requirement. A new ground has now been held out against the petitioners which is totally misplaced. In absence of any clear circular showing that the - 3 - petitioners are required to pass hindi noting and drafting examination, the ground for rejection of the claim of the petitioners seems to be totally misplaced. The orders of rejection of the claim of the petitioners, therefore, stand quashed. Matter is relegated back to the authorities concerned to consider their claim for promotion on the basis of their passing S.L.C. examination since their service record is stated to be clean, as has been stated in these writ applications. The Court expects a decision in this regard within a period of six months from the date of communication or production of a copy of this order. Both these writ applications are allowed accordingly. AMIN/ (Ajay Kumar Tripathi, J.)