Disposed

Bhagwat Prasad Das v. State of Jharkhand And Ors.

Jharkhand HC6 Jul 2019WPC/3806/2011

Case brief

AI extract

What is this about?

In a writ petition seeking promotion instructions and consequential benefits for a retired Grade-II teacher, the bench held that the petitioner had already retired before the promotion order was issued. Consequently, the court directed the petitioner to file a representation before the relevant education authority for directory consideration without deciding the merits of the case.

What did the court decide?

Directed the petitioner to file representation before the District Superintendent of Education within six weeks.

Bhagwat Prasad Das Vs State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P(S) No. 3806 of 2011

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Bhagwat Prasad Das ............................... Petitioner

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Versus

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1.State of Jharkhand

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2.The Secretary,Deptt of Human Resources,Govt of Jharkhand,Ranchi.

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3.The Divisional Commissioner,Dumka. 4.The Director,Primary Education Govt of Jharkhand,Ranchi

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5.The Regional Deputy Director of Education Dumka. 6.The Deputy Commissioner.

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7.The District Superintendent of Education, Sahebganj.

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Respondents

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---------

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--------- For the Petitioner : Mr. K.K.Ojha Adv. For the State :-Mr. V.N.Jha Adv. ---------

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3/Dated:6.07.2019

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Heard the learned counsel for the parties.

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This writ petition has been preferred by the petitioner for direction upon the respondents to consider the case of the petitioner with regard to his promotion from Grade-II to Grade-III teacher in the scale of Rs. 5500-9000 and after promoting him as teacher of Grade-III with effect from 1.1 1986 to pay all the consequential benefits of his promotion of the said grade-III teacher by implementing the seniority list.

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The petitioner had earlier moved before this court by way of filing the writ petition being W.P(S) No. 2203 of 2010 wherein it has been prayed for direction to the respondents to give promotion from Grade III to Grade IV. However, the said writ petition was dismissed. Learned counsel for the petitioner submits that during pendency of this writ petition, case of the petitioner has been considered for promotion from Grade-II to Grade III teachers in the year 2012 and he has been granted promotion w.e.f 1.4.1998 whereas the petitioner is claiming promotion w.e.f 1.1.1986

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Having heard the learned counsel for the parties, this court finds that the petitioner has retired from service on 31.1.2001 and promotion order has not been brought on record.

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-2-

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In that view of the matter, the petitioner is directed to file representation before the respondent no.7, District Superintendent of Education, Sahebganj who will decide the said representation within six weeks from the date ofeipt/production of a copy of this order.

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It is made clear that this court has not entered into merit of this case.

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With the aforesaid observation this writ petition stands disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Bhagwat Prasad Das v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Bhagwat Prasad Das v. State of Jharkhand And Ors.

Case brief

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