Disposed

Altaf Anwar Ansari And Ors. v. Education

Jharkhand HC9 Oct 2018WPC/5919/2017

Case brief

AI extract

What is this about?

This writ petition sought promotion to Grade 4 and Grade 7 with retrospective effect and consequential monetary benefits. The court dismissed the petition after accepting that the respondents' grievances were redressed via a memo, directing petitioners to file a representation for monetary benefits.

What did the court decide?

Petition dismissed; petitioners directed to file a fresh representation regarding payment of monetary benefits within three weeks; respondents directed to pass a reasoned order within six weeks.

Altaf Anwar Ansari And Ors. Vs Education — Pension and Retirement Benefits | Jharkhand HC (2018)

¶1

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶3

W.P.(S) No. 5919 of 2017

¶4

Altaf Anwar Ansari

¶5

Dhruw Kumar Sinha

¶6

Nityanand tiwari

¶7

Raj Kumar Pal

¶8

Shamsher Alam

¶9

Kameshwar Paswan

¶10

Arvind Kumar

¶11

Nirmal Kumar Ram

¶12

… …. Petitioners

¶13

Vs.

¶14

The State of Jharkhand through the Secretary/ Principal Secretary, School Education & Literacy Department, Govt. of Jharkhand, MDI Building, near Project Bhawan, Dhurwa, Ranchi

¶15

The Director, Primary Education, School Education & Literacy Department, Govt. of Jharkhand, Primary Education Directorate, MDI Building, near Project Bhawan, Dhurwa, Ranchi

¶16

The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Latehar

¶17

The District Superintendent of Education, Latehar …. Respondents

¶18

CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK

¶19

For Petitioner : Mr. Amit Kumar Tiwari, Advocate For Respondents : Mr. Vineet Prakash, AC to SC (L & C )

¶20

03/ 09.10.2018 The petitioner has approached this court for a direction upon the respondents to grant promotion to the petitioners in Grade 4 scale after completion of 8 years of service in Grade-1 as per the provisions stipulated in the Bihar Elementary School Teachers Promotion Rules, 1993 and also as the similarly situated persons have been granted such promotion in the year, 2008 with retrospective effect i.e. 01.04.2003. Further, prayer has been made for a direction upon the respondents to grant Grade 7 (Headmaster) promotion as the petitioners have requisite qualification for the same and also to pay all the consequential monetary benefits to the petitioners upon granting such promotion.

¶21

At the very out set, Mr. Vineet Prakash, learned counsel appearing on behalf of the respondents submits that though the supplementary counter-affidavit is ready but the same could not have been filed and requested to accept the same. The supplementary counter-affidavit is taken on board. Referring to paragraphs 6 & 7 of the said supple. Counter-affidavit, learned counsel submits that the grievances of the petitioners have already been redressed by way of Memo No. 1272 dated

¶22

¶23

05.10.2018, which is at Annexure A to the said supplementary counter-affidavit. As per the said office order, the pay fixation of the petitioners shall be done in consonance with Fundamental Rule 22 (1)A (a).

¶24

On the other hand, Mr. Amit Kumar Tiwari, learned counsel for the petitioners submits that though the promotion has been granted with retrospective date but actual monetary benefits have not been paid as yet to the petitioners from the same date i.e. from the date of promotion.

¶25

Be that as it may, having gone through the submissions of the parties and in view of the specific averment in the supplementary counter-affidavit, which is taken on record, since the grievances of the petitioners have already been redressed, this writ petition stands disposed of with a direction to the petitioners to file a fresh representation before the respondents regarding payment of monetary benefits from the date of promotion, within a period of three weeks from the date of receipt of a copy of this order along with a copy of this order. The petitioners may take all the points before the concerned respondents and also annexed any other documents on which they are relying for consideration of their cases. On receipt of such representation, the respondents shall pass a reasoned order, in accordance with law, with a copy to the petitioners, within a period of six weeks thereafter.

¶26

With the aforesaid observations & directions writ petition stands disposed of

¶27

(Dr. S.N. Pathak, J.)

¶28

punit/

Altaf Anwar Ansari And Ors. v. Education

Case brief

What is this about?

What did the court decide?

Altaf Anwar Ansari And Ors. v. Education

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mithlesh Kumar Vs State of Jharkhand through Its Chief Secretary

Bageshwar Pathak And Ors. Vs Rural Dev Dept

Jainendra Kumar Vs the State of Jharkhand Thr the Secretary Pr Secretary Personnel Administrative Reforms

Anand Kumar Mahto And Ors. Vs State Of Jharkhand Through Secretary Home Jail And Disaster Management And Ors.

Ravi Kumar Vs Personnel And Adminis Reform

Rajendra Prasad Singh Vs Human Resources Department