Disposed

Janardhan Tiwari v. the State of Jharkhand through the Director Primary Education Deptt of Literacy

Jharkhand HC11 Oct 2018WPC/770/2018

Case brief

AI extract

What is this about?

The petitioner sought promotion to Grade VII before his superannuation as his case was pending despite appearing on the provisional merit list. The Court directed the respondents to constitute a promotion committee within four weeks and grant promotion by December 1, 2018, if eligible.

What did the court decide?

Direction to Respondent No. 2 to hold Departmental Promotion Committee within four weeks; grant promotion within two weeks if eligible.

Janardhan Tiwari Vs the State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 770 of 2018

Janardhan Tiwari

… …. Petitioner

Vs.

The State of Jharkhand through the Director, Primary Education, Department of School Education and Literacy, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi

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The Deputy Commissioner cum Chairman, District Education Establishment Committee, Saraikela Kharsawan, District Saraikela Kharsawan

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The District Superintendent of Education, Saraikela Kharsawan,

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… ….. Respondents

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

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For Petitioner : Mr. Amrendra Pradhan, Advocate Mr. Rupesh Singh, Advocate For Respondents :Ajit Kumar, AC to SC (L & C)

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05/ 11.10.2018 The petitioner has approached this Court with multiple prayer but now he has confined his prayer for a direction upon the respondents to consider the case of the petitioner for promotion from Grade V to Grade VII under the 1993 Promotion Rules with all consequential benefits.

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The fact of the case lies in a narrow compass. The petitioner was appointed as Assistant Teacher vide Memo No. 1511 dated 10.03.1986 issued by the respondent No. 2 and the petitioner was allowed the Scale of Rs. 730-1080 by virtue of corrigendum to the order of appointment dated 10.03.1986. Thereafter, the respondents vide Memo No. 2708 dated 20.04.1990 granted the scale of Rs. 16402900/- as the petitioner was trained graduate at the time of appointment. Subsequently, the respondents vide corrigendum dated 30.12.1992 rectified /shifted the Graduate Trained Scale with effect from the date of his initial appointment. It is specific case of the petitioner that during his service period, the petitioner has obtained the Post Graduation Degree from Kameshwar Singh Darbhanga Sanskrit Vidyalaya on 16.12.2000. The scale of the petitioner was revised as per Fifth Pay Revision and Sixth Pay Revision. The petitioner was granted the scale of Rs. 6500-10,500/- in Grade V as per 1993 Promotion Rules upon completion of 12 years of services. The petitioner remained in Grade V w.e.f. 18.03.1998 till date but the respondents have not granted any further promotion to the petitioner i.e. in Grade VII Scale. As the petitioner is going to superannuate on 31.01.2019 and his case for promotion has not been considered, he has represented before the respondents, but the respondents are sitting tight over the matter. Hence, the petitioner has been compelled to knock the door of this Court for redressal of his grievances.

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Mr. Amrendra Pradhan, learned counsel for the petitioner argues that provisional merit list for promotion has been published by the respondents in which the name of the petitioner finds place at Sr. No.1 but till date no final gradation list has been published though objections were invited by them. Learned counsel further argues that the petitioner had already acquired the requisite qualification for grant of Grade VII promotion as per 1993 Promotion rules and is also working as In-charge Headmaster for decades. Learned counsel further submits that a direction may be given upon the respondents to consider the case of the petitioner within a stipulated time as the petitioner is going to superannuate on 31.01.2019.

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Per contra, counter-affidavit has been filed. Mr. Ajit Kumar, learned counsel appearing on behalf of the respondents very fairly submits that a provisional seniority list for promotion in higher grades has already been prepared and objections were also received and preparation of final gradation list is under process and if the petitioner fulfills all the requisite criteria, the promotion shall be granted to him along with the other eligible teachers as soon as final gradation list is prepared.

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Be that as it may, having gone through the fair submissions of the parties and also from perusal of the documents on record, this Court is of opinion that the case of the petitioner needs consideration as already it has been contended by the learned counsel for the respondents that provisional seniority list has been prepared and petitioner and others have already filed their objection and no final gradation list has been prepared till date, but the same will be prepared soon. As the petitioner is going to superannuate on 31.01.2019, I hereby direct the respondent No.2 for holding a Departmental Promotion Committee for promotion to Grade VII, within a period of four weeks from the date of receipt of a copy of this order preferably before 1^st December, 2018. If as per the final gradation list, the petitioner is found fit for promotion fulfilling all the eligibility criteria for promotion, the same shall be granted to him within a period of two weeks thereafter.

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With the aforesaid observation, writ petition stands disposed of.

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

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punit/

Janardhan Tiwari v. the State of Jharkhand through the Director Primary Education Deptt of Literacy

Case brief

What is this about?

What did the court decide?

Janardhan Tiwari v. the State of Jharkhand through the Director Primary Education Deptt of Literacy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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