This petition challenged the petitioner's lack of seniority and denial of promotion to the B.A. trained scale. The Court held that the petitioner had already been granted the relevant pay scale memoir dated 22.3.2010, implying the grievance was redressed.
The writ petition stands disposed of as the grievance seems to have been redressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3021 of 2011
Kavilas Prasad Mehta, s/o Sri Subedar Mehta, at present resident of At, P.O. & P.S. Hariharganj, District-Palamau (Jharkhand)
… … Petitioner
Versus
... ... Respondents
------
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
----- For the Petitioner : Absent For the Respondents : Mr. Arpit Kumar, A.C. to G.A. II
-----
04/Dated 15th July, 2019
Per Sanjay Kumar Dwivedi, J.
1. Nobody appears on behalf of the petitioner.
2. Heard Mr. Arpit Kumar, A.C. to G.A. II for the respondent State.
3. Petitioner has preferred this writ petition for grant of seniority in Seniority List of the Matric Trained Scale as per Letter dated 09.4.2008 (Annexure 6 to the memo of the writ petition). Further prayer is for grant of promotion to the petitioner in B.A. trained scale with effect from 01.4.2002 as other similarly situated persons as well as persons even junior to the petitioner, such as Private Respondent No.s 7 to 19, were granted said promotion vide Letter dated 01.2.2006.
4. Learned counsel appearing for the respondent State submits that in view of Paragraph 14 of the counter affidavit, grievance of the petitioner was considered by the District Education Establishment Committee, Palamau on
-2-
10.9.2009 as per Order dated 20.03.2007 passed by this Court in W.P.(S) No. 2216 of 2006 and as per decision of the Committee, five writ petitioners were granted promotion from different dates according to their seniority and the availability of post vide memo dated 11.9.2009. It is further submitted that as per gradation list no. 2 (for promotion in “Grade-4” pay scale) name of the petitioner was placed at serial no. 24, whereas on the date of publication of gradation list there was only 23 posts of “Grade-4” pay scale teachers was vacant. Since, there was no further post of “Grade-4” pay scale vacant, petitioner could not be given/granted said pay scale. As post has now become vacant, petitioner has also been promoted and granted the pay scale of “Grade-4” vide memo dated 22.3.2010.
5. In view of submissions made in the counter affidavit that petitioner has been promoted and has also been granted the pay scale of “Grade 4” vide memo dated 22.3.2010, grievance of the petitioner seems to have been redressed. 6. Accordingly, this writ petition stands disposed of.
(Sanjay Kumar Dwivedi, J.)
s.m.
2 issues framed by the court
Whether the petitioner can be granted seniority and promotion to the B.A. trained scale.
Whether the respondent State must grant the relief sought given the existing vacancies.
1 provisions across 1 enactments
Kavilas Prasad Mehta
The State of Jharkhand through the Principal Secretary, Human Resources Development Department, Govt. of Jharkhand
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
