IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.12990 of 1996 ====================================================== Ram Surat Prasad Yadav, son of Shri Ram Chandra Rai, resident of village-Jakuya Ka Tola, P.O.-Debriya, P.S.-Rivilganj, District-Chapra at present posted as peon in Public Health Engineering (Mechanical) Division, Chapra Division, Chapra. .... .... Petitioner. Versus 1. The State Of Bihar through the Secretary, Public Health Engineering Department, Government of Bihar, Patna. 2. The Engineer-in-Chief, Public Health Engineering Department, Government of Bihar, Patna. 3. The Regional Chief Engineer, Public Health Engineering Department, Muzaffarpur. 4. The Superintending Engineer, Public Health Engineering (Mechanical) Circle, Patna. 5. The Superintending Engineer, Public Health Engineering, Mechanical Circle, Muzaffarpur. 6. Shri Ashok Kumar Yadav, son of not known to the petitioner, at present posted in Public Health Engineering Department, Mechanical Circle, Bhagalpur. 7. Daya Nath Dutta, Steno-Typist, son of not known to the petitioner, at present posted in Public Health Engineering Mechanical Circle, Bhagalpur. 8. Arun Kumar Singh, Steno-typist, son of not known to the petitioner, at present posted in Public Health Engineering Chapra Division, Chapra. .... .... Respondents. ====================================================== 2 12.05.2011 Heard Mr. Shyama Prasad Mukherjee senior learned counsel for the petitioner and learned counsel for the State. The prayer of the petitioner made in this writ application reads as follows: 2(i) For quashing the order vide No.1403 dated 29.11.1996 rejecting the representation filed by the petitioner, as contained in Annexure-1. 2(ii) For commanding the respondents to consider the case of the petitioner for promotion to class-III post of Steno-typist with effect from the date of recommendation made by respondent no.4, i.e. 18-10-1986 or 25.6.1988. 2(iii) For commanding the respondent to promote the petitioner with effect from the date when the persons junior to petitioner with effect from the date when the persons junior to petitioner (respondent no.6 to 8 have been promoted and further pay all arrears of salary, allowances as well as other consequential benefits admissible to the post of steno-typist. Mr. Shayama Prasad Mukherjee, learned Senior Counsel appearing for the petitioner in support of the aforementioned prayer would first invite attention of this Court to recommendation made by the concerned authority on 18-10-1986 for promotion of the petitioner against a class-III post. He would also refer to the order of this Court dated 21-01-1998 in CWJC No.3874 of 1994 and order dated 12-08-1996 in CWJC No.11164 of 1993 to impress that this Court has repeatedly directed for considering the promotion of the petitioner against a class-III post, but the petitioner till date has not been given such promotion. In the considered opinion of this Court, when the State Government has prescribed only two modes for filling up class-III post, namely, direct recruitment and promotion from eligible class-IV employee having matriculate qualification. Such procedure has to be followed even in the case of the petitioner. The circular of the State Government dated 11.2.1985 had clearly provided that 25% posts of class-III employees has to be filled up by way of promotion from eligible class-IV employees after conducting a limited departmental examination and applying the principal of seniority-cum-merit. The said circular was further modified in the year 1992 wherein the quota of class-IV employees from 25% was enhanced to 50%, but even in 1992 circular the requirement of passing the limited departmental examination as prescribed in the earlier circular dated 11.2.1985 had been left untouched. In fact, in 1992 circular seniority-cum-merit was also explained by laying down procedure for preparation of panel for promotion of the eligible class-III employee wherein 60% weight age was to be given for seniority and 40% for the merit to be adjudged on the basis of departmental examination. Admittedly, the petitioner has never appeared and cleared limited departmental examination and therefore this Court would not find any flaw in the impugned order rejecting the claim of the petitioner. Nonetheless, the petitioner’s case has to be considered and if he would pass the limited departmental examination, the seniority will have to be taken into consideration with other similarly situated eligible persons. This court therefore would give liberty to the petitioner to approach the Principal Secretary of PHED by filing a representation for consideration of his case for promotion on class-III post which may not be necessarily the post of stenographer or typist but any other class –III post including that of the clerk. In the event the petitioner would file such representation, appropriate decision would be taken by the authority disposing of the claim of the petitioner for his promotion and if need be the petitioner will be also afforded an opportunity to appear in the next limited departmental examination. With the aforementioned observation and direction, this writ application is disposed of. PN (Mihir Kumar Jha, J.)