In a significant ruling, the Patna High Court has imposed an immediate ban on the ad hoc promotion of feeder cadre assistants to higher administrative positions within the Bihar government, pending further court deliberations.
Justice Bibek Choudhary, presiding over the matter, issued an interim order in response to a petition led by Nemni Das among others, challenging the legality of such promotions without requisite amendments to the Bihar Secretariat Service Act. The order restricts temporary advancements to the roles of Section Officer, Under Secretary, and Joint Secretary until the writ petition is resolved.
The petition argues that ad hoc promotions based on service duration contravene the established provisions of the 2007 Bihar Secretariat Service Act and its subsequent rules. According to the Act, promotions to the position of branch officer should follow a structured process where 80% are filled through general promotions and the remaining 20% via a limited departmental examination. The rules mandate the preparation of a gradation list to ascertain mutual seniority among assistants prior to any general promotion, a procedure reportedly sidestepped by a controversial notification issued on June 5, 2018.
Legal representatives YV Giri and Nivedita Nirvikar, speaking on behalf of the petitioners, emphasized the need for strict adherence to the statutory promotion process outlined in the Act, suggesting that any deviation could undermine the fairness and transparency of administrative promotions within the state secretariat.
