Shiv Ji Chaupal v. 1. The State of Jharkhand 2. Secretary, Personnel & Administrative Reforms and Rajbhasha Department
Case Details
1. W. P. (S). No. 3622 of 2013 [In the matter of an application under Article 226 of the Constitution of India] ........... Shiv Ji Chaupal ... Petitioner Versus 1. The State of Jharkhand 2. Secretary, Personnel & Administrative Reforms and Rajbhasha Department, Ranchi 3. Deputy Secretary, Personnel & Administrative Reforms and Rajbhasha Department, Ranchi ............ ... Respondents For the Petitioner For Respondents
Legal Reasoning
compliance of the order passed by this Court in W.P.(S) No. 2355 of 2009, an order was passed and the financial upgradation was granted to the petitioner however, since the seniority to the 3. petitioner in the rank of Sub-Divisional Officer and Additional Collector has not granted from the date, one Krishna Kumar Das, who is junior to the petitioner, has been granted promotion, the petitioner has approached this Court by filing the present writ petition. A further prayer for grant of promotion in the rank of Joint Secretary has also been made by the petitioner. 3. A counter-affidavit has been filed stating as under: 6. “That it is pertinent to mention that “Kalawadih” (Scheduled fix time) for promotion from ADM to Joint Secretary is 05 years and if one completes 10 years of service as SDO and equivalent and ADM, he shall get 50% relaxation in the Kalawadhi i.e. 2½ years ad ADM. The petitioner complete 10 years in SDO & ADM rank on 06.05.2015. Hence, the petitioner was not granted promotion issued vide notification dated 03.06.2013. 7. That it is further stated that the Government amended the resolution of Kalawadhi with respect to relaxation in Kalawadhi vide Resolution No. 398 dated 16.01.2012. In the resolution, it is provided that if an officer completes the Kalawadhi from the two posts below, he shall be entitled for 50% relaxation in Kalawadhi. In the light of relaxation facilitated by the new resolution dated 25.06.2013 the petitioner completed the Kalawadhi for promotion to the rank of Joint Secretary. Therefore, the petitioner has been granted promotion in the rank of Joint Secretary vide Notification No. 7015 dated 02.08.2013. Hence the grievance of the petitioner meets out. 8. That the respondents seeks liberty from the Hon'ble Court to file further affidavit if so required are as directed by this Hon'ble Court at any point of time.” 4. Heard counsel for both the parties and perused the documents on record. 4. 5. The learned counsel appearing for the petitioner has submitted that, the seniority list which was published in the year, 2003 would disclose that, the petitioner is senior to one Krishna Kumar Das, as the name of the petitioner appears at Sl. No. 398 whereas, the name of Krishna Kumar Das appears at Sl. No. 400. He has submitted that though the departmental proceeding was initiated against the petitioner on 18.07.1998, by order dated 22.10.2008, the petitioner has been exonerated of the charges levelled against him. By order dated 31.12.2009, it was recommended that the petitioner would be entitled for promotion and other consequential benefits however, an order has been passed on 02.08.2013 by which, though the petitioner was granted promotion in the rank of Joint Secretary, the promotion in the rank of Sub-Divisional Officer from the date on which the said Krishna Kumar Das was promoted, has not been granted to the petitioner. 6. As against this, learned counsel appearing for the respondents has resisted the claim of the petitioner on the ground that the Resolution dated 31.12.2009 and the order dated 19.01.2010 have not been challenged by the petitioner. Since, a departmental proceeding was pending against the petitioner, the petitioner was not granted promotion and now since the petitioner has been granted promotion in the rank of Joint Secretary, the grievance of the petitioner stands redressed. He has submitted that even if the notional promotion is granted to the petitioner, any financial 5. benefit cannot be given to him. 7. From perusal of the documents, more particularly, the order dated 19.05.2005, it would appear that one post was kept reserved for Krishna Kumar Das and he was granted promotion. Admittedly, the petitioner was not working during the period between 1998 and 22.10.2008 and thus, the petitioner does not fulfill the conditions contained in Resolutions dated 16.01.2012 and 25.06.2013 and therefore, he was not eligible. The Resolution dated 31.12.2009 has not been challenged by the petitioner. 8. Now, since the petitioner has been granted promotion in the rank of Joint Secretary, I am of the considered view that the grievance of the petitioner has been redressed and thus, this writ petition has become infructuous in so far as, the prayer for promotion in the rank of Joint Secretary is concerned. In so far as, the petitioner's prayer for the promotion in the rank of Sub-Divisional Officer and Additional Collector is concerned, I do not find any illegality in the order passed in the Resolution dated 19.01.2010. 9.
Arguments
: Mr. Dhananjay Kr. Dubey, Advocate : Mr. Navnit Prakash, J.C. to Sr. S.C.-I ............ P R E S E N T HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR ............. By Court The petitioner has approached this Court for the following reliefs: a. “To issue appropriate writ, order or direction, including the writ of mandamus, commanding upon the respondents to shift back the date of promotion to the rank of Sub Divisional Officer with all consequential benefits from 6.5.2005 to 2.12.1999, the date from which junior to the petitioner, namely, Krishna Kumar Das has been granted promotion, being placed in the seniority list of 2003 at Sl. No. 400/2003, whereas the petitioner in the said seniority list finds place at Sl. No. 398/2003, and further to shift back the date of promotion to the rank of Additional Collector, with all consequential benefits, from 31.8.2009 to 19.5.2005, the date from which said junior to the petitioner, namely, Krishna Kumar Das has been considered and subsequently promoted and also decision taken by the respondents by order dated 31.12.2009; b. To issue further appropriate writ, order or direction 2. on the respondents to consider the case of the petitioner for promotion to the rank of Joint Secretary, with all consequential benefits, in the pay scale of Rs.37400-67000/-, Grade Pay Rs.8700/- with effect from the date junior to the petitioner, namely, Krishna Kumar Das has been granted promotion by notification issued vide Memo no. 4725 dated 3.6.2013; and c. Any other relief or reliefs for which the petitioner is legally entitled in the facts and circumstances of the case.” 2. The brief facts of the case are that, the petitioner was appointed in the year, 1984. A departmental proceeding was initiated against the petitioner on 18.07.1998, in which, a report was submitted on 30.06.2003. By order dated 22.10.2008, the petitioner has been exonerated of the charges levelled against him. In the meantime, in the year, 2003 a notification was issued whereby, the petitioner and several other persons were confirmed in service and a seniority list was published with respect to the State Administrative Service Officers. In the seniority list, the name of the petitioner was placed at Sl. No. 398 and the name of one Krishna Kumar Das appears at Sl. No. 400. In the proceeding dated 31.12.2009, it has been observed that in view of the fact that the departmental proceeding has concluded in favour of the petitioner, the petitioner would be entitled for promotion from the date, his service was confirmed subject to other eligibility conditions. In
Decision
The writ petition is dismissed. JHARKHAND HIGH COURT, RANCHI Dated :– 12th November, 2013 R.K. / A.F.R. (Shree Chandrashekhar, J.)