Manoj Kumar Das Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Manoj Kumar Das Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 5 (Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar) to treat the writ application as a representation and pass a reasoned order in accordance with law and as per the applicable rules and regulation within 12 weeks of receipt/production of a copy of the order; petitioner at liberty to serve the copy of the writ application on respondent no. 5 at the earliest.

Issue for consideration

Whether the petitioner's case for regular promotion on the vacant Grade-VII post (post of headmaster), with all consequential benefits from the date he became eligible as per the Elementary School Teachers Promotion Rules, 1993, should be considered by taking a final decision on his representation. +2 more

Court's answer

The writ application is disposed of by directing respondent no. 5 to treat the writ application as a representation and pass a reasoned order in accordance with law and as per the applicable rules and regulation.

Ratio / Principle

The reasoned order is to be passed within 12 weeks from the date of receipt/production of a copy of the order, and the petitioner is at liberty to serve the copy of the writ application on respondent no. 5 at the earliest.

Detailed headnote1 paragraphs

W.P. (S) No. 4878 of 2024, High Court of Jharkhand at Ranchi (Deepak Roshan, J.), decided 5 September 2024 — Manoj Kumar Das, working as Incharge Head Master, prayed for a direction to the respondent authorities to consider his regular promotion on the vacant Grade-VII post (post of headmaster) with all consequential benefits from the date he became eligible, as per the Elementary School Teachers Promotion Rules, 1993, by taking a final decision on his representations; it was further submitted that out of 137 vacant headmaster posts none had been filled up. As no counter-affidavit had been filed, the Court disposed of the writ application by directing respondent no. 5 (Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar) to treat the writ application as a representation and pass a reasoned order in accordance with law and as per the applicable rules and regulation within 12 weeks from receipt/production of a copy of the order, the petitioner being at liberty to serve the copy at the earliest.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4878 of 2024

Manoj Kumar Das, S/o Sri Angrej Mahra, R/o VillageTarapur, P.O. and P.S. Karon, District-Deoghar.

..… Petitioner

Versus

The State of Jharkhand.

The Chief Secretary, Govt. of Jharkhand, Ranchi, Project Building, Dhurwa, P.O. & P.S.- Dhurwa, DistrictRanchi (Jharkhand)

The Secretary, Department of School Education and Literacy, Govt. of Jharkhand, Ranchi, Project Building, Dhurwa, P.O. & P.S.Dhurwa, District-Ranchi (Jharkhand)

The Director, Primary Education, Jharkhand, Project Building, Dhurwa, P.O. & P.S.- Dhurwa, District-Ranchi (Jharkhand)

The Deputy Commissioner -cum- Chairman, District Education Establishment Committee, Deoghar, P.O., P.S. & District - Deoghar (Jharkhand)

The Deputy Development Commissioner, Deoghar, P.O., P.S. & District Deoghar (Jharkhand)

The District Superintendent of Education, Deoghar, P.O., P.S. & District - Deoghar (Jharkhand.

..... Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN ---------

For the Petitioner : Mr. Anjani Kumar Verma, Adv For the Respondent : Mr. Sanjay Kumar Tiwari, S.C.-I

2/Dated: 5^th September, 2024

Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner praying for direction upon the respondent-

Authorities to consider the case of the petitioner for his regular promotion on the vacant post in Grade-VII (post of headmaster) with all consequential benefit from the date the petitioner became eligible for the said promotion as per the Elementary School Teachers Promotion Rules, 1993 taking final decision on the representation filed by the petitioner.

3. Learned counsel further submits that out of 137 vacant post for the headmaster, the same has not been filled-up by any candidate, as such the respondents be directed to take a decision.

4. Learned counsel lastly submits that in spite of several representations coupled with the fact that the petitioner is working as Incharge-Head master; his case for promotion may be considered in accordance with law.

5. Learned counsel for the respondent submits that since no counter-affidavit has been filed, the petitioner may be directed to file a fresh representation and the same will be decided in accordance with law.

6. Having regard to the limited submission of learned counsel for the parties, the instant writ application is hereby, disposed of by directing the respondent no. 5 to treat this writ application as representation and pass a reasoned order in accordance with law and as per the applicable rules and

regulation within a period of 12 week from the date of receipt/production of copy of this order. The petitioner would be at liberty to serve the copy of the instant writ application to the respondent no.5 at the earliest.

7. Accordingly, the instant writ application stands disposed of.

(Deepak Roshan, J.)

Amardeep/