Disposed

Amit Kumar Singh v. the State of Jharkhand

Jharkhand HC9 Apr 2024WPC/2605/2023

Case brief

AI extract

What is this about?

Writ petition seeking promotion under the Career Advancement Scheme from Lecturer Senior Scale to Associate Professor/University Professor. The Court found the petitioner had not first approached the University and disposed of the petition directing him to file a detailed representation by 22.04.2024; the Vice Chancellor was directed to hold a hearing and pass a reasoned order by 15.05.2024.

What the court decided

AI extract

Amit Kumar Singh Vs the State of Jharkhand — Service and Employment | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 2605 of 2023

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Amit Kumar Singh, aged about 56 years, Son of Narmdheshwar Singh, Resident of Kadma, P.O. Kadma, P.S. Katkamsandi, District Hazaribag

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… … Petitioner

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Versus

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The State of Jharkhand

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The Secretary, Department of Higher Technical Education, Nepal House, Doranda, P.O. and P.S.- Doranda, District-Ranchi (Jharkhand).

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The Director, Department of Higher Technical Education, Nepal House, Doranda, P.O. and P.S.- Doranda, District-Ranchi (Jharkhand).

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The Chancellor, Universities of Jharkhand at Rajbhawan, P.O.-Rajbhawan, P.S.-Gonda, District- Ranchi (Jharkhand).

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The Vice Chancellor, Vinoba Bhave University at Hazaribag, P.O. and P.S.Hazaribag, District-Ranchi (Jharkhand) … … Respondents

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CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Kanti Kumar Ojha, Advocate For the State : Mr. Harsh Preet Singh, Advocate For the Resp. No. 5 : Mr. Amresh Kumar, Advocate ---

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07/9^th April 2024

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1. The learned counsel for the parties are present.

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2. This writ petition has been filed for the following reliefs: -

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“for issuance of an appropriate writ/ s order/s, direction/s commanding and directing upon the respondents to consider the case of the Petitioner for his promotion from the post of Lecturer Senior Scale to the post of University Professor in the Department of Philosophy, in terms of the Career Advancement Scheme (CAS), enacted through the statute being effective from 27.07.1998 published in Jharkhand Gazette Extra Ordinary of dated 02.07.2008 since despite fulfilling all the eligibility and criteria as well as the necessary requirement already being fulfilled by even his participation in Orientation Course Refresher Course pursuant to the Notification No. 5 dated 14.12.2018 based upon Resolution No. 1188 dated 20.11.2010 of the Government of Jharkhand, but even then the case of the Petitioner could not be considered till 14.12.2022 and thereafter in suppression of the statute of promotion of

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dated 27.07.1998 the new statute has been framed enforceable with retrospective effective from 01.01.2009 and whereunder the actual benefits said to have been given from the date of notification of the statute dated 15.12.2022 and thus due to issuance of the newly statute of Career Advancement Scheme (CAS) of the year 2010 in the year 2022, the Petitioner has been deprived from the chances of his promotion to the higher post of Associate Professor as well as University Professor;

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AND/OR

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Further for grant of such other relief/s, as Your Lordships, for which the Petitioner is legally entitled for.”

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3. A counter-affidavit has been filed by the State wherein it has been stated that the matter has to be first taken up by the University.

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4. The learned counsel for the respondent-University has submitted that though the petitioner is seeking a mandamus, but the petitioner has never approached the University for redressal of his grievance. The learned counsel assured this court that if the petitioner approaches the respondent No. 5, appropriate decision will be taken.

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5. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this Court finds that the petitioner is seeking a mandamus, but the grievance of the petitioner has to be first considered by the University and the petitioner has not approached the respondent university for redressal of his grievance. At the same time , no adverse order has been placed on record by the State.

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6. Accordingly, this writ petition is disposed of enabling the petitioner to approach the respondent No. 5 by filing a detailed representation annexing all the relevant materials which the petitioner seeks to rely upon by 22.04.2024. The representation should be accompanied with a copy of the writ records and a copy of this order.

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7. Upon filing of such representation, the respondent No. 5 is directed to grant an opportunity of hearing to the petitioner and pass a reasoned order considering every aspect of the matter which may be raised in the representation of the petitioner, by 15.05.2024.

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8. The reasoned order be communicated to the petitioner through speedpost at the address to be provided by the petitioner in the representation itself.

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9. It is for the respondent No. 5 to take into consideration all the applicable rules/circulars/guidelines etc. and it is made clear that this Court has not entered into the merits or otherwise of the claim of the petitioner. 10. This writ petition is accordingly disposed of with the aforesaid observations and directions.

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11. Pending I.A., if any, is closed.

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(Anubha Rawat Choudhary, J.)

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Mukul

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Amit Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What the court decided

Amit Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What the court decided

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