The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 221 of 2019 …........... 1. Umesh Kumar Tiwari, Aged about 59 years, Son of Late Jagdeo Tiwari, Resident of Village: Piparahiya, P.O.: Arua, P.S.: Bhagwanpur, District: Siwan (Bihar), presently posted & working as Assistant Teacher, Middle School, Baka, P.O. & P.S.: Hunterganj, District: Chatra (Jharkhand). 2. Kishore Kumar, Aged about 52 years, Son of Sri Nandipati Das, Resident of Village: Nawadih, Near Check-Naka, P.O. & P.S.: Hunterganj, District: Chatra, presently posted & working as Assistant Teacher, Middle School, Arugerua, P.O.: Auruagerua, P.S.: Hunterganj, District: Chatra (Jharkhand). 3. Ajay Kumar Sinha, Aged about 51 years, Son of Sri Bangali Sinha, Resident of Village: Khutikewal Khurd, P.O. & P.S. Hulasganj, District: Jahanabad (Bihar), presently posted & working as Assistant Teacher, Middle School, Hiring, P.O.: Hiring, P.S.: Hunterganj, District: Chatra (Jharkhand). 4. Kapildeo Mistry, Aged about 49 years, Son of Late Mahadeo Mistry, Resident of Village: Khutikewal Khurd, P.O. & P.S.: Hunterganj, District: Chatra (Jharkhand), presently posted & working as Assistant Teacher, Middle School, Pandepura, P.O. & P.S.: Pandepura, District: Chatra (Jharkhand). 5. Manoj Kumar Jha, Aged about 52 years, Son of Sri Krishna Ohan Jha, Resident Basantkunj, H. No. 03, Hirabag, P.O.: Head Post Office, Hazaribag, P.S.: Sadar, Hazaribag. District: Hazaribag (Jharkhand), presently posted & working as Assistant Teacher, Middle School, Majhgawan, P.O. Majhgawan, P.S.: Mayurhand. District: Chatra (Jharkhand). 6. Abdul Manan, Aged about 49 years, Son of Md. Jamaluddin, Resident of Village: Nawadih, P.O. & P.S. Hunterganj, District: Chatra (Jharkhand), presently posted & working as Assistant Teacher, Middle School, Kedlichatti, P.O.: Kedlikala, P.S.: Hunterganj, District: Chatra (Jharkhand). 7. Shambhu Prasad Sinha, Aged about 48 years, Son of Sharda Prasad, Resident of Village: Auru, P.O. Aurugerua, P.S.: Hunterganj, District: Chatra (Jharkhand), presently posted & working as Assistant Teacher, Middle School, Hiring, P.O.: Hiring, P.S.: Hunterganj, District: Chatra (Jharkhand). 8. Deepak Kumar Singh, Aged about 48 years, Son of Late Raghubansh Narayan Singh. Resident of Village: Nawadih, P.O. & P.S.: Hunterganj, District: Chatra (Jharkhand), presently posted & working as Assistant Teacher, Middle School, Kobna, P.O.: Kobna, P.S.: Hunterganj, District: Chatra (Jharkhand). 9. Md. Sabir, Aged about 53 years, Son of Late Abdul Razzaque, Resident of Village: Jori, P.O.: Jori, P.S.: Bashist Nagar Jori, District: Chatra (Jharkhand), presently posted & working as Assistant Teacher, Middle School, Datam, P.O.: Baluri, P.S.: Hunterganj, District: Chatra (Jharkhand). 10. Subhash Chandra Prasad, Aged about 47 years, Son of Late Rajendra Prasad Vivek, Resident of Village: Umraw Bigha, P.O.: Targir, P.S.: -2-
Legal Reasoning
Rajauli, District: Nawadah (Bihar), presently posted & working as Assistant Teacher, Middle School, Datam, P.O.: Baluri, P.S.: Hunterganj, District: Chatra (Jharkhand). 11. Shailendra Kumar, Aged about 49 years, Son of Sri Ram Prasad Sharma, Resident of Village: Manipur, P.O.: Belar, P.S.: Ariari, District: Shekhpura (Bihar), presently posted & working as Assistant Teacher, Middle School, Karni, P.O. P.S.: Itkhori, District: Chatra (Jharkhand). 12. Md. Ejazul Haque, Aged about 47 years, Son of Md. Zaharul Haque, Resident of Road No. 5, Alfalah Colony, Pugmil, P.O. + P.S. District: Hazaribag (Jharkhand), presently posted & working as Assistant Teacher, Middle School, Majhgawan, P.O.: Majhgawan, P.S.: Mayurhand, District: Chatra (Jharkhand). 13. Arun Kumar, Aged about 48 years, Son of Sri Gobhardhan Sharma, Resident of Village: Birra, P.O.: Dhawal Bigha, P.S.: Hulasganj, District: Jahanabad (Bihar), presently posted & working as Assistant Teacher, Middle School, Itkhori, P.O. & P.S.: Itkhori, District: Chatra (Jharkhand). 14. Syed Ghulamul Hasnain, Aged about 51 years, Son of S.G. Syedain, Resident of At: Romi, P.O.: Pelawal, P.S.: Katkamsandi, District: Hazaribag, presently posted & working as Assistant Teacher, Middle School, Shila Ichak, P.O.: Shila, P.S.: Simaria, District: Chatra (Jharkhand). 15. Girish Prasad, Aged about 51 years, Son of Sri Dwarika Thakur, Resident of Jhilnagar, Kolghati No. 1, P.O.: Reformatory School, P.S.: Sadar, Hazaribag, District: Hazaribag (Jharkhand), presently posted & working as Assistant Teacher, Adarsh Middle School, Jori, P.O.: Jori, P.S.: Basistnagar, Jori, District: Chatra (Jharkhand). 16. Rajeev Ranjan, Aged about 45 years, Son of Sri Vishwanath Tiwary, Resident of Vijay Nagar, Lane No. 6, Bailey Road, Patna 14, P.O.: Veterinary College, Patna, P.S.: Danapur, District: Patna (Bihar), presently posted & working as Assistant Teacher, Middle School, Pakaria, P.O. + P.S.- Itkhori, District: Chatra (Jharkhand). 17. Mritunjay Kumar, Aged about 46 years, Son of Sri Dinesh Kumar Singh, Resident of Village: Bela, P.O. & P.S.: Govindpur, District: Nawada (Bihar), presently posted & working as Assistant Teacher, Middle School, Shila Ichak, P.O.: Shila, P.S.: Simaria, District: Chatra (Jharkhand). 18. Jitendra Kumar, Aged about 46 years, Son of Suryadeo Singh, Resident of Sankatmochan Nagar, Jhumaritilaiya, P.O. & P.S.: Jhumaritilaiya, District: Kodarma (Jharkhand), presently posted & working as Assistant Teacher, Middle School, Pakaria, P.O. & P.S.: Itkhori, District: Chatra (Jharkhand). 19. Prahalad Kumar Singh, Aged about 46 years, Son of Sri Surajdeo Singh, Resident of Village: RPKABHIYAN, P.O. & P.S.: Bighwara, District: Saran (Bihar), presently posted & working as Assistant Teacher, Middle School, Begada, P.O. & P.S.: Simaria, District: Chatra (Jharkhand). 20. Manoj Kumar Choubey, Aged about 49 years, Son of Sri Ram Naresh Choubey, Resident of Village: Atampur, P.O.: Sheorajpur, P.S.: Lawalong. District: Chatra (Jharkhand), presently posted & working as Assistant -3- Teacher, Middle School, Dwari, P.O.: Dwari, P.S.: Gidhor, District- Chatra (Jharkhand) …..... Petitioners -Versus- 1. The State of Jharkhand, represented through The Principal Secretary, School Education & Literacy Department, Govt. of Jharkhand, At: Project Building, Dhurwa, P.O. & P.S.: Dhurwa, District: Ranchi. 2. The Director, Primary Education, School Education & Literacy Department, Govt. of Jharkhand, Ranchi, At: Project Building, Dhurwa, P.O. & P.S.: Dhurwa, District: Ranchi. 3. The Deputy Commissioner, Chatra, At P.O. + P.S. + District: Chatra. 4. The District Superintendent of Education, Chatra, At + P.O. + P.S. + District: Chatra. … Respondents ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioners : Mr. Amit Kumar Tiwari, Advocate For the Resp.-State : Mr. Krishna Prajapati, A.C. to S.C.-V ….......... 07/18.09.2024 Heard the parties. 2. The petitioners have filed this writ application for directing the respondents to pay the consequential monetary benefits / arrears of salary, after fixation of salary from the date when they were notionally promoted in Grade -4 post i.e. from 01.04.2015. The petitioners have further prayed for quashing of condition no.2 as mentioned in office order issued by memo no.1691 dated 28.12.2017, where it has been provided that the petitioners will be paid financial benefits from the date of their joining on the promoted post. 3. The case of the petitioners is that they are graduate/ post graduate trained teachers, they were granted financial up-gradation notionally from 28.12.2017. However, vide office order issued by memo no.1691 dated 28.12.2017, condition has been imposed that they will be paid financial benefits from the date of their joining and no difference of pay shall be paid from the date of their notional promotion to their date of joining. 4. Reliance has been placed upon the decision of Hon'ble Patna High Court as reported in (2003) 3 BBCJ 564 in the case of Md. Hafiz Vs. State of Bihar and decision of Hon'ble Single Judge of Jharkhand -4- High Court in W.P.(S) No.5917 of 2017 with analogous cases and decision of Jharkhand High Court as reported in 2010(3) JLJR 185, wherein it has been held that the concept of notional promotion is to ensure monetary benefits and material benefits to the employees. The same cannot be denied to government servants who have been granted notional promotion. 5. The petitioners were notionally given promotion from 01.04.2015 and they had joined on their promotional post on 28.12.2017. The petitioners have not joined their promotional post on letter date due to any laches on their part. The concept of notional promotion is to ensure monetary benefit to the employees and therefore, the petitioners are entitled to get monetary benefits on account of promotion given to them w.e.f. date which was already notified by notification issued vide memo no.1691 dated 28.12.2017. 6. In view of the aforesaid discussion, the conditions mentioned in Clause-2 of notification issued vide memo no.1691 dated 28.12.2017 is hereby quashed. 7. This writ application is allowed. The respondents shall give financial benefits to the petitioners from the date of their notional promotion.
Decision
8. Pending I.A., if any, stands disposed of. Jay/- (Ambuj Nath, J.)