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2023 Supreme(Pat) 611

P. B. BAJANTHRI, ARUN KUMAR JHA
Radha Pandey son of Late Baleshwar Pandey – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Kamala Kant Tiwary, Advocate
For the Respondent:Mr.Anjani Kumar, Mr.Deepak Sahay Jamuar, Mr.Satish Chandra Jha, Advocate

JUDGMENT :

P.B. BAJANTHRI, J.

Despite issuing orders from time to time respondents could not apprise this Court as to how many vacancies were notified or cadre strength of Class III post so as to take note of respective quotas for direct recruitment, in-service competitive examination and promotion. The present case is relating to promotion quota to the extent of 25% and method of recruitment to the post of Class III was notified on 11.02.1985. However, resolution dated 11.02.1985 is consisting only method of recruitment to the post of Class III to the extent of 50% direct recruitment, 25% in-service candidate through examination and 25% promotion and it is not supported by number of posts or cadre strength of the Class III post in order to ascertain how many posts were earmarked for promotion under 25% quota. From perusal of method of promotion it appears the source cadre is from Class IV employees. Class IV employees are consisting of four sources. One of these sources is Treasure Guard which carries higher pay-scale than the other three source cadre. Therefore, we are of the view that combined seniority list should have been prepared while placing the Treasure Guard on the top who

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