Disposed

Vikash Kumar Sinha v. the State of Jharkhand through Its Chief Secretary

Jharkhand HC7 Apr 2022WPC/534/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand, in a writ petition seeking direction for promotion benefits and service rules for clerks in School Education, directed petitioners to file a fresh representation. The court then ordered respondents to consider the representation and pass a reasoned order within six weeks.

What did the court decide?

Direction to file fresh representation; direction to respondents to pass reasoned order on merits within specified time.

Vikash Kumar Sinha Vs the State of… — Pension and Retirement Benefits | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 534 of 2021

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Vikash Kumar Sinha

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Anuj Kumar Singh

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Sandeep Kumar

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Prabhat Gupta

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Subhash Murmu

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… Petitioners

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The State of Jharkhand through its Chief Secretary, Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi

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Secretary, Personnel, Administrative Reforms and Rajbhasha, Department of the Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi

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Secretary, School Education & Literacy Department, Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi

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Deputy Commissioner, Giridih … Respondents

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

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For the Petitioner : Mr. A.K. Sahani, Advocate For the Respondent-State : Ms. Maushmi Chaterjee, AC to SC-VII

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05/ 07.04.2022 The petitioners have approached this Court with a prayer for a direction upon the respondents to consider the cases of the petitioners for promotion at par with the Clerks-cum-Typists/Typists and other clerical service cadre employee working in Collectorates under the respondents by framing service rules for the clerks/clerks-cum-typists/typists and other clerical service cadre employees working in different offices of the School Education & Literacy Department and from the date on which the benefit have been granted to other clerical grade employees working in Collectorates of the district.

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At the very outset, learned counsel for the petitioner submits that though the representation of the petitioners are pending before the respondents, but the respondents have neither shown any consideration nor any orders have been passed. Suffice, it would be if a direction be given to the respondents to dispose of the pending representations of the petitioners.

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Per contra, counter-affidavit has been filed on behalf of the respondents. However, learned counsel for the respondents very fairly submits

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that the respondents will pass a reasoned order on the pending representation of the petitioners and if the petitioners are found entitled for the said benefit, the same shall be extended to the petitioners, in accordance with law.

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In view of the submissions made by the learned counsel for the parties, without going into the merits of this case, I hereby direct the petitioners to file a fresh representation annexing all the relevant documents on which they are relying on along with a copy of this order before the respondents, within a period of three weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondents are directed to consider the case of the petitioners and pass a reasoned order on the representation of the petitioner, in accordance with law within a period of six weeks thereafter.

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Needless to say that if the petitioners are found entitled for the aforesaid benefits, the same shall be extended to them, within a further period of three weeks. If the case of petitioners are turned down for one or other reasons, same shall be communicated to them, within a further period of two weeks.

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With the aforesaid directions, this writ petition stands disposed

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of.

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

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punit/-

Vikash Kumar Sinha v. the State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

What did the court decide?

Vikash Kumar Sinha v. the State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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