Disposed

Abdul Bari v. State of Jharkhand And Ors.

Jharkhand HC6 Mar 2014WPC/975/2004

Case brief

AI extract

What is this about?

The High Court, Ranchi, disposed of a writ petition seeking promotion as Subdivisional Officer to Additional District Magistrate and other benefits. Observing that the minor punishment of censure expired after three years, the Court directed the petitioner to approach the competent Secretary with a fresh representation for consideration of the claim.

What did the court decide?

Petitioner directed to approach the Secretary of Personnel Department for consideration of claim for promotion and benefits within three weeks; decision to be made within 16 weeks.

Abdul Bari Vs State of Jharkhand And Ors. — Pension and Retirement Benefits | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No. 975 of 2004

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Abdul Bari . ... … Petitioners -VersusThe State of Jharkhand and ors. ... ... Respondents ---- CORAM : HON’BLE MR. JUSTICE APARESH KUMAR SINGH ---For the Petitioner :M/s. Manoj Tondan, N.K.Singh & Shiv Shankar Kumar For the Respondents :M/s Md. Shamim Akhtar & B.K.Prasad ----

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10- 06.03.2014 The petitioner, in the present writ petition, has made prayer for grant of promotion to the post of Additional District Magistrate, as the promotion list of June,1996 did not include his name. The petitioner has also prayed for promotion from 13.1.1997. The petitioner, however, has now sought to confine his prayer for a direction upon the respondents to consider his case for promotion from the post of Subdivisional Officer to that of Additional District Magistrate upon cessation of the 3 years period of minor punishment of censure awarded to him, vide Annexure 2, the order dated 6.11.2003 which was to take effect from the year 1994-95. The petitioner has also sought for grant of super time scale in Grade-I from corresponding date through I.A.No.2998/2008. He has also sought a direction upon the respondents to consider his case for grant of promotion to the rank of Joint Secretary from 2.12.2006 stating that junior to him has been promoted. The petitioner was a member of the Sate Administrative Service and on 30.3.2007 took voluntary retirement from service of the State .

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Shorn of unnecessary details, the only material facts, which are relevant for considering the present grievance of the petitioner, are being indicated herein-below.

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The petitioner faced a departmental proceeding under chargesheet dated 15.1.1999, which ended up in the order of minor punishment of censure dated 6.11.2003, Annexure-2 to be entered in his ACR w.e.f. 1994-95. This was the reason why the petitioner's case was not considered for promotion in the year 1996, as per the respondents.

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It, however, appears from the stand of the respondents as well that the effect of censure admittedly was to operate from 1994-95 and the order of punishment ended upon three years thereafter, some time in the year 1997. It is also the purport of the circular dated 17.5.1982, Annexure A to the counter affidavit and has been interpreted as such by them while giving response to the petitioner's case, vide communication contained in Letter No.1637 dated 29.3.2004, Annexure-C, issued by the DOPT, Government of Jharkhand.

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In the aforesaid material facts of the present case , since the petitioner has accepted VRS in March,2007, he has sought for a direction upon the respondents by confining his relief as aforesaid in the present writ petition.

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Having heard learned counsel for the parties and in view of the stand taken by the respondents themselves, as indicated in the order of punishment dated 6.1.2003 as also Annexure C dated 29.3.2004, the case for promotion or grant of super time scale of the petitioner upon cessation of the effect of minor punishment of censure reckoning three years from 1994-95 requires to be considered at the level of the respondents thereafter. Therefore, this writ petition is disposed of by allowing the petitioner to approach the respondent no.4, Secretary, Personnel and Administrative Reforms and Rajbhasa Department, Government of Jharkhand for consideration of his claim for such promotion as aforesaid by making a fresh representation within a period of three weeks with duly supported necessary facts and documents along with a copy of this judgment. The respondent no.4, on receipt of such representation, shall consider the claim of the petitioner in accordance with law by taking an informed decision in the matter, if necessary subject to approval of any competent authority, within a period of 16 weeks thereafter, which shall also be communicated to the petitioner. Dependant upon such decision, if the

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petitioner is found entitled to any consequential benefits, arrears of salary, revision in pay scale and admissible retirement benefits, be granted to the petitioner within a reasonable time thereafter.

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This writ petition stands disposed of in the aforesaid terms.

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(Aparesh Kumar Singh, J. )

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Pandey

Abdul Bari v. State of Jharkhand And Ors.

Case brief

What is this about?

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Abdul Bari v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

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