The main legal point established in the judgment is that the writ petitioner's claim for promotion was governed by the circular dated 27.03.2010, and his failure to participate in the Limited Departmental Competitive Examination as required by the circular was fatal to his case.

JUDGMENT :

The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 03.07.2019 passed by learned Single Judge of this Court in W.P.(S) No.1834 of 2018 whereby and whereunder the decision as has been taken by the respondents, as contained in Memo No. 1172 dated 12.12.2017, rejecting the claim of the writ petitioner for promotion from Class-IV post to Class-III post, has been refused to be interfered with while dismissing the writ petition.

2. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-

The writ petitioner was appointed on 15.4.1989 to the post of Peon under Kolhan Division of the then Human Resource Development Department (now known as School Education & Literacy Department). The State of Bihar issued a Resolution by Circular contained in Memo No. 335 dated 16.9.1992, whereby and whereunder, 50% posts of Class-III employees were required to be filled up from amongst Class IV employees. The qualification of the writ petitioner is Intermediate pass. When the writ petitioner was posted as a peon in the office of Sub-Divisional Education Officer, Chaibasa, Sadar-cum-Saraikella, he was deputed to discharge the duties of Assistant, considering his qualification, as would be evident from the office order contained in Memo No. 241 dated 16.9.1996. The writ petitioner was allowed to discharge the duties of Assistant from 16.9.1996 up to October, 2008 in the office of Sub Divisional Education Officer, Chaibasa. The writ petitioner was transferred in the month of October, 2008 from the office of Sub-Divisional Education Officer, Chaibasa to Primary Teachers Education College, Binsai, in the district of West Singhbhum, where the writ petitioner, at the time of filing of the writ petition, was posted as peon.

The grievance of the writ petitioner is that the matter of promotion of Class-IV post to Class-III post was pending in the district of East Singhbhum and, as such, the Deputy Commissioner, East Singhbhum wrote a letter vide letter no. 172 dated 6.2.2002, to the Deputy Secretary of Personnel, Administrative Reforms and Rajbhasa Department, Govt. of Jharkhand. In turn, the Deputy Secretary to Government, Personnel, Administrative Reforms and Rajbhasha Department by letter dated 30.4.2002 directed the Deputy Commissioner, East Singhbhum to consider the case of the writ petitioner for promotion from Class-IV post to Class-III post on the basis of the Resolution No.335 dated 16.9.1992, as would be evident from letter No.2714 dated 30.4.2002.

The writ petitioner, in the aforesaid backdrop, claiming himself entitled for promotion to Class-III post from Class-IV post, as according to the writ petitioner, juniors to him have been considered and granted promotion, but no such benefit of promotion has been granted to him, however, upgradation in the pay scale under the A.C.P. Scheme as also under M.A.C.P. Scheme has already been granted and, therefore, the writ petitioner claiming himself entitled for regular promotion, made due claim for the same, however, to no effect and, therefore, writ petition has been filed being W.P.(S) No.1834 of 2018, praying therein for grant of promotion to the writ petitioner from Class-IV post to Class-III post.

The learned Single Judge has considered the facts in entirety and has also taken into consideration the plea taken by the respondent State of the Jharkhand wherein the plea was taken that the promotion which is required to be given from Class-IV to Class-III is based upon the resolution of the State Government dated 27.03.2010 whereby and whereunder only 15% of the total vacancy is earmarked for regular promotion to Class-III post from Class-IV post and that has also to be filled up by way of Limited Departmental Competitive Examination.

According to the State, although the Limited Departmental Competitive Examination was conducted but the writ petitioner ha