Jitendra Nath Adhikari Vs the State of Jharkhand

1 W.P.(S) No. 710 of 2023

IN THE HIGH COURT OF JHARKHAND, RANCHI

W.P.(S) No. 710 of 2023

Jitendra Nath Adhikari, aged about 67 years, son of Late Haran Adhikari, resident of Village Baghmara, P.O. Babanbandhi, P.S. Fatehpur, District Jamtara, Jharkhand. ....Petitioner

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Versus

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The State of Jharkhand.

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The Secretary, Primary Education and Literacy Department, Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. Dhurva, P.S. Jagannathpur, District Ranchi, Jharkhand.

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The Director, Primary Education and Literacy Department, Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand.

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The Regional Deputy Director of Education, Santhal Paragana Division, Dumka, P.O. and P.S. Dumka, District Dumka, Jharkhand. 5. The Deputy Commissioner, Jamtara, P.O. and P.S. Jamtara, District Jamtara, Jharkhand.

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The District Superintendent of Education, Jamtara, P.O. and P.S. Jamtara, District Jamtara, Jharkhand.

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The Accountant General (A & E), Jharkhand, P.O. and P.S. Doranda, District Ranchi, Jharkhand. ....Respondents

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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Mr. Durga C. Mishra, Advocate For Respondents-State : Mr. Praveen Akhauri, S.C. I Mines Mr. Aishwarya Prakash, AC to S.C. I Mines

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05/26.02.2024 Learned counsel for the parties are present.

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Learned counsel for the petitioner by filing this writ petition has prayed for the following reliefs:

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“1. That through the instant writ application, the petitioner prays before this Hon'ble Court for issuance of an appropriate writ(s), order(s), direction(s) commanding upon the concerned respondent to correct the date of 1st Time Bound Promotion to the petitioner with effect from13.04.1986 instead of 01.04.1987 in the light of Government letter no. 1147 dated 17.06.1995 issued under the signature of Under Secretary. Government of Bihar, Patna, pursuant to the order passed in C.W.J.C. No. 5251 of 1990 by Hon'ble Patna High Court, as the similarly situated employee namely Haratan Mandal, Assistant Teacher, Primary School, Raneshwar Block has already given the said benefit, one Nasiruddin Mian, who filed W.P. (S) No. 616 of 2016 and during pendency of the writ application they have been granted the 1st Time Bound Promotion w.e.f. Nagendra Mandal the date of appointment, who also filed a writ application being W.P. (S) No.

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2 W.P.(S) No. 710 of 2023

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6336 of 2019 and one Sitaram Mahto, bearing W.P. (S) No. 6914 of 2019 have been disposed off by order dated 11.08.2020 and 28.09.2020 and they have been extended the benefit and calculated the time bound promotion from the date of appointment.

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And Further for issuance of an appropriate writ(s), order(s), concerned consequential direction(s) commanding upon respondent to provide monetary benefit to the petitioner and also revised the pensionary benefit.”

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Learned counsel for the petitioner submits that under identical circumstances similarly situated persons have been granted the relief and he is seeking similar relief from this Court.

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Learned counsel for the petitioner has submitted that he has filed a representation as contained in Annexure-8, before the District Superintendent of Education, Jamtara, but no relief having been granted, the petitioner has been compelled to file the present writ petition. He has also submitted that no adverse order has been passed against the petitioner so far.

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Learned counsel for the respondents submit that the grievance of the petitioner is required to be considered by the respondent no. 3 and appropriate order may be passed so that the respondent no. 3 shall verify the records and pass appropriate orders.

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After hearing the learned counsel for the parties and considering the nature of relief as prayed for by the petitioner, this Court is of the considered view that the records of the petitioner is required to be verified before granting any relief and the appropriate authority would be respondent no. 3.

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Accordingly, this writ petition is disposed of enabling the petitioner to approach respondent no. 3 by filing a detailed representation with all supporting documents along with a copy of the writ records and also the orders which the petitioner wants to rely upon with regard to similarly situated persons as claimed by the petitioner.

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Upon filing of such representation, the respondent no. 3 shall grant an opportunity of hearing to the petitioner to verify the records and pass appropriate reasoned order within a period of four weeks from the date of representation.

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3 W.P.(S) No. 710 of 2023

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The reasoned order be communicated to the petitioner through speed post.

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If the petitioner is found entitled for any monetary benefit arising out of the reasoned order, the respondent no. 3 shall take appropriate steps so that such benefit is also conferred upon the petitioner within a period of six months from the date of reasoned order .

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It is made clear that no counter affidavit has been called for in the present case considering the nature of the relief sought for and it is for the respondent no. 3 to consider the grievance of the petitioner in accordance with law in the light of the applicable circulars and judgments etc.

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(Anubha Rawat Choudhary, J.)

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MM

Jitendra Nath Adhikari v. the State of Jharkhand

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Jitendra Nath Adhikari v. the State of Jharkhand

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