Disposed

Ram Prawesh Ram v. the State of Jharkhand

Jharkhand HC11 Feb 2020WPC/1475/2018

Case brief

AI extract

What is this about?

The High Court of Jharkland directed the petitioner to submit a representation for promotion consideration based on prior judicial precedents. The court ordered respondent authorities to decide the representation within six weeks if the case is covered by cited judgments. The writ petition was subsequently disposed of.

What did the court decide?

Directed petitioner to submit representation; respondents to decide case of petitioner within six weeks; writ petition disposed of.

Ram Prawesh Ram Vs the State of Jharkhand — Pension and Retirement Benefits | Jharkhand HC (2020)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P.(S) No. 1475 of 2018

¶3

Ram Prawesh Ram … ... Petitioner

¶4

Versus

¶5

The State of Jharkhand

¶6

The Director Primary Education, Department of Schooling and Literacy, Government of Jharkhand, Ranchi.

¶7

The Deputy Commissioner, Garhwa. 4. The Regional Deputy Director of Education, Palamau Division, Medininagar, Palamau.

¶8

The Deputy Development Commissioner, Garhwa.

¶9

The District Superintendent of Education, Garhwa.

¶10

… … Respondents

¶11

¶12

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

¶13

-------For the Petitioner : M/s. Saurav Arun, Advocates For the Respondents : M/s. H.K. Mehta, Advocates

¶14

¶15

Order No.14: Dated: 11^th February, 2020

¶16

Per Dr. S.N. Pathak, J.:

¶17

The petitioner has approached this court for issuance of direction upon the respondent to shift the date of promotion of the petitioner in Gr. IV on completion of 8 years of minimum service in Gr. I. and further prayed for shifting the date of promotion in Gr. IV in terms of 1993 Rules and consider the case of the petitioner for promotion in Gr. VII with all consequential benefits.

¶18

At the very outset, learned counsel for the petitioner submits that this writ application is squarely covered by the order passed by this Court on 04.04.2008 in the case of Arun Sinha and Others Vs. the State of Jharkhand and others in W.P.(S) No. 638 of 2006 which has been upheld in L.P.A. No. 214 of 2008 on 06.11.2012 also by the Hon’ble Supreme Court in S.L.A. No. 5520-5522 of 2013. Learned counsel further submits that this case may be disposed of in terms of orders passed in the aforesaid cases.

¶19

On the other hand counter-affidavit has been filed, however, learned counsel appearing on behalf of the respondents very fairly

¶20

submits that issues involved in this writ petition has already been decided by the Hon’ble Court in the case of Arun Sinha and Others (supra) and also in case of Sunil Kumar Vs. State of Jharkhand & Ors. in W.P.(S) No. 2738 of 2010 , whereby this Hon’ble Court has directed the respondent-State to pass an appropriate order in terms of the principles laid down in the case of Arun Sinha & Ors. (Supra) in the matter of fixation of seniority of the petitioner from the initial date of appointment.

¶21

Accordingly, I hereby direct the petitioner to approach the respondents with a representation annexing the relevant documents, within a period of two weeks from the date of receipt of a copy of this order and upon receipt of such representation, the case of the petitioner shall be decided in view of the order passed in the case of Arun Sinha and Others (supra) and W.P.(S) No. 2738 of 2010 .

¶22

5. If the respondent authorities found that the case of the petitioner is squarely covered by the judgment passed by this Court in Arun Sinha (supra) in W.P.(S) No. 638 of 2006 and in W.P.(S) No. 2738 of 2010 disposed of the representation of the petitioner and extend the benefits to the petitioner within a period of six weeks thereafter.

¶23

6. Accordingly, the writ petition stands disposed of.

¶24

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

¶25

Ram Prawesh Ram v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ram Prawesh Ram v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Rukmini Devi Vs the Jharkhand Mineral Area Development Authority through Its Managing Director

Suman Kumari Minor Represented through Its Maternal Grandfather Guhi Ram Bauri Vs Central Coalfields Limited through Its Chairman Cum Managing Director

Yogendra Prasad Sinha Vs B C C L Through G M And Ors.

Kamlesh Devi Vs Law Department

Anju Devi Vs State Of Jharkhand Through Secretary Education And Human Resources And Ors.

Janardan Kumar Vs the State of Jharkhand