Tushar Kumar Vs the State of Jharkhand through Its Chief Secretary — Jharkhand HC (2024) — LawSathi Research

Tushar Kumar Vs the State of Jharkhand through Its Chief Secretary — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.2 (Deputy Commissioner, Ramgarh) to treat the writ application as a representation and take a decision in accordance with law and applicable rules and regulation by passing a reasoned and speaking order within 16 weeks; petitioners directed to submit the writ record including counter-affidavit to respondent no.2. Merits were not gone into.

Issue for consideration

Whether the respondent Authorities should be directed to consider the petitioners' cases for appointment on a Class-III post with all consequential benefits from the date of their respective joining, and to take a decision on their pending representation.

Court's answer

Without going into the merits, the writ application is disposed of by directing respondent no.2 (Deputy Commissioner, Ramgarh) to treat the writ application as a representation.

Ratio / Principle

Respondent no.2 is to take a decision on the representation in accordance with law and applicable rules and regulation by passing a reasoned and speaking order within 16 weeks from receipt/production of a copy of the order.

Key takeaways

The petitioners are directed to submit the record of the writ application, including the counter-affidavit, to respondent no.2.ratio¶24

Detailed headnote1 paragraphs

High Court of Jharkhand (Deepak Roshan, J.), disposing of W.P. (S) No. 4359 of 2022 (decided 20 September 2024): Five petitioners sought a direction to the respondent Authorities to consider their cases for appointment on a Class-III post with consequential benefits from their dates of joining. Respondent counsel stated the petitioners did not qualify in the examination but fairly admitted that no rejection order had been passed on their representation. Without entering the merits, the Court disposed of the petition by directing respondent no.2 (Deputy Commissioner, Ramgarh) to treat the writ application as a representation and decide it in accordance with law and applicable rules and regulation by a reasoned and speaking order within 16 weeks of receipt/production of the order; the petitioners were directed to submit the writ record, including the counter-affidavit, to respondent no.2.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4359 of 2022

Tushar Kumar, aged about 34 years, son of Santosh Kumar, resident of village-Ladi, P.O.-Chikor, P.S. Chikor Bhadani Nagar, District-Ramgarh.

Deepak Kumar Das, aged about 34 years, son of late Satyadev Das, resident of Village, P.O., P.S. Chandankiyari, District-Bokaro.

Harish Ranjan, aged about 37 years, son of Shri Badhan Ram Dangi, resident of Village-Purnadih, P.O.Chhotkipona, P.S. & District-Ramgarh.

Devendra Kumar, aged about 26 years, son of Ram Chandra Ravidas, resident of Village, P.O. & P.S.-Jai Nagar, District-Koderma.

Pankaj Kumar Mahto, aged about 25 years, son of late Dukh Haran Mahto, resident of Village-Upartola, Ulandaka, P.O. & P.S. Ramgarh, District-Ramgarh.

The State of Jharkhand through its Chief Secretary, Government of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District-Ranchi.

Deputy Commissioner, Ramgarh, P.O. & P.S. Ramgarh, District-Ramgarh.

District Education Officer, Ramgarh, P.O. & P.S. Ramgarh, District-Ramgarh.

District Superintendent of Education, Ramgarh, P.O. & P.S. Ramgarh, District-Ramgarh. ..... Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Petitioners : Mr. A.K.Sahani, Adv For the Respondent : Mr. Om Prakash Tiwari, G.P.-III

09/Dated: 20^th September, 2024

The instant writ application has been preferred by the petitioners praying for a direction upon the respondentAuthorities to consider their cases for appointment on Class-

III post with all consequential benefits from the date of their respective joining.

Learned counsel for the petitioner submits that though the petitioners have represented several times but no decision has been taken till date; as such the respondent-Authorities may be directed to take a decision in the matter.

Learned counsel for the respondent submits that their cases were considered and it was found that the petitioners could not qualify in the examination. However, he fairly submits that there is nothing on record to suggest that any rejection order has been passed pursuant to the representation filed by the petitioner.

Having regard to the aforesaid facts and without going into merit of this case, the instant writ application is, hereby, disposed of by directing the respondent no.2 to treat this writ application as representation and take a decision in accordance with law and applicable rules and regulation by passing a reasoned and speaking order within a period of 16 weeks from the date of receipt/production of copy of this order.

The petitioners are directed to submit the record of this writ application including counter-affidavit etc. to the respondent no.2 for convenience.

Accordingly, the instant writ application stands disposed of.

(Deepak Roshan, J.)

Amardeep/