Gobind Besra Vs the State of Jharkhand through the Secretary Human Resources Development Deptt

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 3790 of 2021

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Gobind Besra, aged about 52 years, Son of Late Kirta Besra, Resident of Village-Patoshimal, P.O.-Pratappur, P.S.Shikaripara, District-Dumka (Jharkhand)

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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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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 : A.C to A.G

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

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Dumka there are total sanctioned post in Grade-VII is

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1

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195 and out of said sanctioned 195 posts; 88 posts are 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 filed in W.P.(S) No. 3789 of 2021 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. 1672 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

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2

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jk

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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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Gobind Besra v. the State of Jharkhand through the Secretary Human Resources Development Deptt

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Gobind Besra v. the State of Jharkhand through the Secretary Human Resources Development Deptt

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