Disposed

Ashok Kumar Gupta v. the State of Jharkhand through the Secretary School Education and Literacy Deptt

Jharkhand HC12 Mar 2019WPC/6773/2018

Case brief

AI extract

What is this about?

Petitioner, a superannuated school instructor, approached the court for Assured Career Progression benefits denied post-retirement. The High Court directed the petitioner to file a fresh representation within four weeks. The respondent Director was directed to consider the claim, place it before the appropriate Committee if necessary, and decide within twelve weeks. The entire process must complet

What did the court decide?

Petitioner directed to file fresh representation within four weeks; Director to consider claim and pass reasoned order within twelve weeks; entire process to complete within sixteen weeks.

Ashok Kumar Gupta Vs the State of… — 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. 6773 of 2018

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Ashok Kumar Gupta

… Petitioner

-versus1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Government of Jharkhand, Dhurwa, P.O. P.S. Dhurwa, District Ranchi.

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The Director, Secondary Education, School Education and Literacy, Government of Jharkhand, Dhurwa, P.O. + P.S. Dhurwa, District Ranchi. 3. The District Education Officer, Giridih, P.O. + P.S. and District Giridih. 4. The Accountant General (A&E), Jharkhand, P.O.+P.S. Doranda, District Ranchi.

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… Respondents

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---CORAM : HON’BLE MR. JUSTICE ANANDA SEN

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---For the Petitioner : Mr. Arvind Kumar Choudhary, Advocate For the Respondents : Mr. Ashwini Bhushan, A.C. to G.A. IV Mr. Suresh Kumar, Advocate

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5/ 12.03.2019 In this writ application, petitioner is praying for grant of the benefit of First and Second Assured Career Progression as per the schemes on completion of the mandatory period of service. He further prays that his post retirement benefits should be recalculated and refixed after grant of First and Second Assured Career Progression.

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2. Petitioner was appointed as Instructor in +2 High School, Giridih. Counsel for the petitioner submits that petitioner superannuated with effect from 31.07.2017, but, the benefit of Assured Career Progression has not been extended to him. He submits that the petitioner represented before the authorities but in vain. He submits that suffice it would be at this stage if a direction is given to the respondents to consider the claim of the petitioner for grant of First and Second Assured Career Progression and pass a reasoned order.

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3. Counsel for the respondents submits that if the petitioner files a fresh representation, his grievance will be looked into and if necessary, the matter will be placed before the Committee, which decides grant of benefit of Assured Career Progression to the employees.

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4. Considering the submission of the parties, it is not necessary to call for an affidavit in opposition from the respondents.

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5. Petitioner is directed to file a fresh representation before the respondent No.2- the Director, Secondary Education, School Education and Literacy, Government of Jharkhand, Ranchi within 4 (four) weeks from today. On receipt of the said representation, the Director, Secondary

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-: 2 :-

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Education, School Education and Literacy, Government of Jharkhand, Ranchi will consider the claim of the petitioner and if necessary will place the same before the appropriate Committee. The Committee/ appropriate authority will decide the claim of the petitioner and pass a reasoned order within 12 (twelve weeks). If the petitioner is found entitled to the benefits of the Assured Career Progression, the same should be extended to the petitioner along with all consequential benefits. The entire process should be completed within a period of 16 (sixteen) weeks from the date of receipt of representation filed by the petitioner along with a copy of this order.

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6. With the aforesaid observations and directions, this writ application stands disposed of.

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( Ananda Sen, J.)

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Kumar/Cp-02

Ashok Kumar Gupta v. the State of Jharkhand through the Secretary School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

Ashok Kumar Gupta v. the State of Jharkhand through the Secretary School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

What the court decided

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