Birendra Kumar Khatry Vs the State of Jharkhand

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 1662 of 2024

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Birendra Kumar Khatry, aged about 61 years, Son of Late Budda Khatry, Resident of Bangali Tola, P.O. & P.S.-Sahabganj, District-Sahibganj, Jharkhand;

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Sudama Ram Mandal, aged about 71 years, Son of Magni Lal Mandal, Resident of Kasba, P.O.Mangalhat, P.S.-Rajmahal, District-Sahibganj, Jharkhand;

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Nimay Saha, aged about 64 years, Son of Late Bibhuti Saha, Resident of Village- Mastapur, P.O.-Joknka, P.S.-Tinpahar, District-Sahibganj, Jharkhand;

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Md. Ismail Sheikh, aged about 63 years, Son of Late Md. Kalimuddin Sheikh, resident of village-Hafutola, P.O.-Jamnagar, P.S.- Rajmahal, District-Sahibganj, Jharkhand;

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Uttam Kumar Jha, aged about 60 years, Son of Late Pratul Chandra Jha, Resident of Village-Sarfarajganj, P.S.-Radhanagar, P.O.-Fudkipur, District-Sahibganj, Jharkhand.

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....Petitioners

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Versus

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The State of Jharkhand;

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The Secretary, School Education and Literacy Department, Government of Jharkhand, office at P.O.+ P.S.-Dhurwa, District-Ranchi, Jharkhand;

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The Director, Primary Education of Jharkhand, P.O.+ P.S.-Dhurwa, District- Ranchi, Jharkhand;

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The Regional Deputy Director of Education, Santhal Pargana Pramandal, Dumka, P.O. + P.S. and DistrictDumka, Jharkhand;

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The Deputy Commissioner, Sahibganj-CumChairmen of District Education Establishment Committee, Sahibganj, P.O. + P.S. & DistrictSahibganj, Jharkhand;

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The District Education Officer, Sahibganj, P.O.+ P.S. & District- Sahibganj, Jharkhand;

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The District Superintendent of Education-CumSecretary, District Education Establishment Committee, Sahibganj, P.O.+ P.S.+ District-Sahibganj, Jharkhand.

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....Respondents

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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

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--------For the Petitioners : Mr. Din Dayal Saha, Adv. For the Resp.-State : Mr. Zaid Imam, A.C. to S.C.-VII ---------

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04/Dated:-19.09.2024

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Heard learned counsels for the parties.

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2. The instant writ application has been preferred by the petitioners praying for a direction upon the respondent authorities to grant promotion to these petitioners along with monetary benefits in view of Teachers’ Promotion Rules, 1993.

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3. Learned counsel for the petitioners submits that the petitioners fulfill all the criteria for their promotion from Grade-III to Grade-IV, however, the respondents are lingering the matter of promotion of these petitioners. He further draws attention of this Court towards Annexure-9, 10 and 11, which are the orders passed by Coordinate Bench of this Court, whereby the claim of respective petitioners have been allowed.

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Learned counsel further submits that as per his instruction the respondents have also acted upon; as such, their case should also be considered for promotion in the light of orders as referred to hereinabove.

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4. Learned counsel for the respondents fairly submits that so far as the claim of the petitioners for promotion is concerned; the same is not being denied and as a matter of fact, the cases relating to promotion of teachers to various scales i.e. Grade-III, Grade-IV and Grade-VII, the respondents are taking effective steps which is evident from the letter issued vide letter No.950 dated 26.06.2024, whereby the office of the District Superintendent of Education issued a letter to publish mother list of promotion at different grades on official website of the District.

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5. Having regard to the aforesaid submissions and after going through the documents available on record, especially, the order passed by the Coordinate Bench of this Court and also Annexure-A to the counter affidavit i.e. letter dated 26.06.2024, the instant writ application is hereby disposed of by directing the concerned respondent to consider the case of these petitioners

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2

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and take a final decision in the matter by passing a reasoned and speaking order after considering this writ application as representation, as early as possible, preferably within a period of 12 weeks from the date of receipt/production of copy of this order.

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The petitioners would be at liberty to submit the case record of this writ application to respondent No.3, so that the case of the petitioners shall be decided at the earliest and after passing of the order, if the case of the petitioners is found to be in their favour, then similar benefits may be extended to them, what has been extended to the writ petitioners of respective writ petitions being W.P.(S) No.1390 of 2021 with analogous cases (Annexure-9), W.P.(S) No.2294 of 2020 (Annexure-10) and W.P.(S) No.2159 of 2020 (Annexure-11) annexed with this writ application.

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6. As a result, the instant writ application stands disposed of in the manner as indicated hereinabove.

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(Deepak Roshan, J.)

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vikas/-

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Birendra Kumar Khatry v. the State of Jharkhand

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Birendra Kumar Khatry v. the State of Jharkhand

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