Monia Lata Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.703 of 2024

Monia Lata, aged about 40 years, Wife of Sri Chandan, Resident of Dangra Toli Chowk, Purulia Road, Ranchi, P.O. G.P.O., P.S. Lower Bazar, DistrictRanchi, Jharkhand. … Petitioner

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Versus

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1. The State of Jharkhand

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The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi, having its office at Project Building, H.E.C. Township, P.O. Dhurwa, P.S. Dhurwa, District Ranchi.

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The Joint Secretary, Department of Personnel, and Administrative Reforms and Rajbhasha, Government Jharkhand, Ranchi, having its office at Project Building, H.E.C. Township, P.O. Dhurwa, P.S. Dhurwa, District Ranchi. of

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The Deputy Secretary, Department of Personnel, and Administrative Reforms and Rajbhasha, Government Jharkhand, Ranchi, having of its office at Project Building, H.E.C. Township, P.O. Dhurwa, P.S. Dhurwa, District Ranchi. .……Respondents

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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr D. K. Dubey, Adv. For the Respondents : Mr. S.Garapati, S.C.III

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08/Dated:19.09.2024

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Heard learned counsel for the parties.

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2. The instant writ application has been preferred by the petitioner praying for a direction upon the respondent authorities to consider the case of the petitioner for promotion from the post of Deputy Collector, basic grade pay of Rs. 9300-34,800/- with grade pay of 5400/- (pay matrix 9) to the post of SubDivisional Officer which is equivalent to pay scale of Rs.15,600-39,100/- with grade pay of 6600/- in ( pay matrix level 11) in view of the facts that the petitioner fulfills all the conditions for promotion as envisaged in Jharkhand Administrative Service Rules, 2015 along with

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1

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Kalawadhi and shift the date of promotion of the petitioner from the date the juniors to the petitioners have been considered for promotion and also promoted to the rank of Sub-Divisional Officer in terms of meeting held by DPC dated 07.11.2012 with all consequential benefits.

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3. There is a specific averment made in the writ application that the petitioner has also moved by filing a representation before the respondent authorities on 08.01.2024 which is still pending for due considerations and the petitioner is finding no way moved before this Court because of the fact that if the petitioner is not granted promotion from the date her juniors have been promoted, it will affect the service carrier of the petitioner because of the fact that the petitioner will become one year junior in the rank of Sub-Divisional Officer to the juniors as per the seniority list of 2020.

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4. Learned counsel for the respondent fairly submits that he is having no idea as to whether the representation has been considered and an appropriate order has been passed or not. As such, the concerned respondent may be directed to take a final decision in the matter after going through the grounds mentioned in the instant writ application in accordance with law and applicable rules and regulations/judgments.

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5. Having regard to the aforesaid submissions and in view of the prayer made in the instant writ application, the same is hereby disposed of by directing respondent no. 2 to treat this writ application as fresh representation and after verifying the records of the case as well as applicable rules and regulations take a decision in the matter by passing a reasoned and speaking order with regard to the prayer made in the

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2

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instant writ application, within a period of 12 weeks from the date of receipt/production of copy of this order.

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6. The petitioner would be at liberty to submit the record of entire writ application to the concerned respondent as early as possible for early disposal of her case. The concerned respondent is once again directed to deal each and every ground which has been raised by the petitioner in the instant writ application while passing the reasoned and speaking order and will not get prejudiced by any of the ground taken in the counteraffidavit and or order passed by this Court.

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7. Accordingly, the instant writ application stands disposed of. Pending I.A.s if any, also closed.

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( Deepak Roshan, J.)

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Fahim/-

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Monia Lata v. the State of Jharkhand

Case brief

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Monia Lata v. the State of Jharkhand

Case brief

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