In this writ petition regarding promotion to the post of headmaster, the court directed the Deputy Commissioner-cum-Chairman to treat the writ application as a representation and pass a reasoned order within 12 weeks of receipt.
Respondent 5 directed to treat the writ application as representation and pass a reasoned order within 12 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4955 of 2024
Devendra Prasad, S/o Sri Panjabi Kapri, R/o VillageKurmidih, P.O. Haripur Kolwa, P.S. Madhupur, DistrictDeoghar. ..… Petitioner
Versus
..... Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner : Mr. Anjani Kumar Verma, Adv For the Respondent : Mr. Jai Prakash, AAG 1-A
2/Dated: 6th 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-
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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
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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/
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2 issues framed by the court
Whether the writ petitioner is entitled to direction for promotion on vacancy and consequential benefits.
Whether the respondents are directed to treat the writ application as representation for promotion consideration.
Devendra Prasad
The State of Jharkhand
The Chief Secretary, Govt. of Jharkhand
The Secretary, Department of School Education and Literacy
The Director, Primary Education, Jharkhand
The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar
Deepak Roshan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court