Shankar Mahto v. Human Resources Department
Case brief
What is this about?
Petitioner seeking promotion from assistant teacher to Grade-I based on acquired qualification, contending delay was not his fault. Court granted respondents time to examine if petitioner covered by prior judgment to grant similar benefit.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.4753 of 2014
Shankar Mahto ….... Petitioner
Versus
The State of Jharkhand & ors. ..... Respondents
CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Amit Kumar Tiwari For the Respondents : J.C. to G.P.1
02/22.09.2014 The grievance of the petitioner, who was appointed in the year 1988 as Assistant Teacher on compassionate ground is that he should be granted promotion to Grade-I from the date of his joining as he has acquired necessary Teachers' Training Qualification during the course of his services in the year 2002. The petitioner has relied upon the judgment rendered in the case of Arun Sinha & ors – vs- State of Jharkhand in W.P.(S) no. 638 of 2006 and the judgment passed in Letters Patent Appeal No. 214 of 2008 preferred by the State of Jharkhand against the said judgment. It is submitted that the delay in acquisition of the Teachers' Training Qualification was not on account of his fault.
Learned counsel for the respondent- State is therefore allowed 4 weeks' time to obtain instruction in the matters. The respondent would examine the case of petitioner as to whether he is covered by the judgment rendered in the case of Arun Sinha and others(supra) .
Issues for consideration
3 issues framed by the court
Whether the petitioner, appointed as Assistant Teacher on compassionate grounds, is entitled to promotion to Grade-I from his date of joining based on his delay in acquiring Teachers' Training Qualifi
Whether the petitioner is covered by the judgment in Arun Sinha and others (supra).
Whether the delay in acquiring the required qualification was due to petitioner's fault.
Parties & counsel
- petitioner
Shankar Mahto
- respondent
The State of Jharkhand and ors.
Coram
Apparesh Kumar Singh
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · February
- Registered
- Case no.
- WPC/4753/2014
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