Disposed¶29

Gonolal Soren v. the State of Jharkhand through the Secretary Human Resources Development Deptt

Jharkhand HC12 Sept 2024WPC/3789/2021

Case brief

AI extract

What is this about?

Gonolal Soren; W.P.(S) No. 3789 of 2021; High Court of Jharkhand at Ranchi; Dumka district school promotion; Grade-IV to Grade-VII (Headmaster) promotion w.e.f. 01.04.2017; Elementary School Teacher (Amendment) Rule, 1993; Clause-4 of Promotion Rules; Promotion Rule, 1993 eligibility criteria; office order dated 25.07.2017 Memo no. 1671; Final Master Gradation List; Model Code of Conduct abeyance; election concluded June; 8-week consideration directive; Deepak Roshan, J.; disposed 12.09.2024.

What did the court decide?

Direction to the respondent authorities to consider the claim of the petitioner for promotion from Grade-IV to Grade-VII within a period of 8 weeks from the date of receipt/production of a copy of the order. ¶29

Gonolal Soren Vs the State of Jharkhand through the Secretary Human Resources Development Deptt — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities should consider the petitioner's promotion from Grade-IV to Grade-VII with effect from 01.04.2017 under the Elementary School Teacher (Amendment) Rule, 1993.

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Court's answer

The Court disposed of the writ application by directing the respondent authorities to consider the claim of the petitioner for promotion from Grade-IV to Grade-VII within a period of 8 weeks from the date of receipt/production of a copy of the order.

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Key takeaways

The Court observed that the election had concluded in June and expressed the expectation that the entire process of promotion be completed as early as possible.obiter¶26

Detailed headnote1 paragraphs

Jharkhand HC (Deepak Roshan, J.), order dated 12.09.2024 in W.P.(S) No. 3789 of 2021: Petitioner Gonolal Soren sought consideration of his promotion from Grade-IV to Grade-VII with effect from 01.04.2017 in light of the Elementary School Teacher (Amendment) Rule, 1993; counsel asserted his qualifications per Clause-4 of the Promotion Rules. The Court recorded that the petitioner had been promoted in Grade-IV by office order dated 25.07.2017 (Memo no. 1671) effective 01.04.2016; the Respondent-State undertook to consider the case on merit subject to eligibility criteria under Promotion Rule, 1993, indicating that the Grade-VII promotion process was underway, finalised by the District authorities after preparation of the Final Master Gradation List, and kept in abeyance due to the Model Code of Conduct. The Court disposed of the writ application by directing the respondent authorities to consider the petitioner's promotion claim within 8 weeks of receipt/production of the order, noting the election had ended in June and the process ought to be completed promptly. No precedent cited; no monetary quantum involved.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 3789 of 2021

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Gonolal Soren, aged about 52 years, Son of Bablu Soren, Resident of Village Ambajora, P.O. + P.S-Shikaripara, District-Dumka:

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......Petitioner

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Versus

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The State of Jharkhand, through the Secretary, Human Resources Development Department, Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. and P.S-Dhurwa, District-Ranchi.

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The Regional Deputy Director of Education, Dumka, P.O. + P.S. and District-Dumka.

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3 The Deputy Commissioner, Dumka, P.O. + P.S.-Dumka, District-Dumka.

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The District Superintendent of Education, Dumka, P.O. + P.S. and District-Dumka.

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.....Respondents

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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. Pravin Kumar Pandey, Advocate For the Respondents : Mr. Suresh Kumar, S.C(L&C)-II

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03/12.09.2024 Heard learned counsel for the parties.

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2. At the outset, learned counsel for the petitioner restricts his prayer only regarding consideration of his promotion, which reads as follows:

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(ii) The petitioner prays for commanding upon the respondents to consider the promotion of the petitioner from Grade-IV to Grade-VII with effect from 01.04.2017 in the light of the Elementary School Teacher (Amendment) Rule, 1993.

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3. Learned counsel for the petitioner draws attention of this Court towards Annexure-1 to the rejoinder and submits that as per Clause-4 of Promotion Rules, the petitioner is having every qualification.

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He further submits that in the District of Dumka there are total sanctioned post in Grade-VII is 195 and out of said sanctioned 195 posts; 88 posts are

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reserved for S.T Category and till date out of 88 post of Headmaster ( Grade-VII), 87 posts are still vacant; as such the respondents cannot take a ground of vacancy of the post.

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He further draws attention towards Annxure2 of rejoinder and submits that his case has already been considered by the respondents for Grade-VII; as such the respondents may be directed to take immediate action with regards to prayer of promotion of the petitioner from Grade IV to VII.

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4. Learned counsel for the respondents by referring to its counter affidavit submits that they are ready to consider the case of the petitioner for promotion on merit subject to eligibility criteria under the provision of Promotion Rule, 1993.

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5. Having heard learned counsel for the parties and after going through the documents annexed with the respective affidavits, it appears that on 25.07.2017 the petitioner has been promoted in Grade-IV vide office order dated 25.07.2017 issued under Memo no. 1671 with effect from 01.04.2016.

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It further transpires from the submission made by the Respondent-State that the process of granting promotion to Grade-VII Scale is already underway and has been finalized by the District authorities after preparation of Final Master Gradation List and the said process of promotion was kept in abeyance due to enforcement of Model Code of Conduct.

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However, now it goes without saying that the election is over in the month of June itself; therefore it is expected that the entire process of promotion be competed as early as possible.

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6. As a result, the instant writ application is hereby disposed of by directing the respondent authorities to consider the claim of the petitioner for promotion from Grade-IV to Grade-VII within a period of 8 weeks from the date of receipt/production of a copy of this order.

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( Deepak Roshan, J.)

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Gonolal Soren v. the State of Jharkhand through the Secretary Human Resources Development Deptt

Case brief

What is this about?

What did the court decide?

Gonolal Soren v. the State of Jharkhand through the Secretary Human Resources Development Deptt

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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