The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1379 of 2023 Pushpa Rani, aged about 57 years, wife of Shri Triloki Prasad Mahto, Resident of Village Pithauriya, P.O. Pithauriya, P.S. Kanke, District- Petitioner Ranchi … … Versus 1. The State of Jharkhand, through The Chief Secretary, Government of Jharkhand, Secretariat, Project Building, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand 2. The School Education and Literacy Department, Government of Jharkhand, through The Principal Secretary/Secretary, having its Office at Project Building, P.O. and P.S. Dhurva, District Ranchi, Jharkhand 3. The Director, School Education and Literacy Department, Government of Jharkhand, having its Office at Project Building, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand 4. The Regional Deputy Director of Education, School Education and Literacy Department, Government of Jharkhand, having its Office at Project Building, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand 5. The Deputy Development Commissioner, Ranchi, P.O. GPO and P.S. Kotwali, District Ranchi, Jharkhand Bistrict A 6. The District Superintendent of Education, Palamau, P.O GPO, P.S. Sadar, District- Palamau District A 7. The District Superintendent of Education, Ranchi, P.O, GPO, P.S. Respondents Kotwali, District Ranchi, Jharkhand … --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Respondents
Legal Reasoning
--- : Mrs. Rakhi Rani, Advocate : Mr. Shubham Gautam, A.C. to S.C. V --- 08/14.05.2024 Learned counsel for the parties are present. 2. In spite of order passed by this Court, no counter affidavit has been filed. However, considering the fact that petitioner is seeking a mandamus from this Court, this Court is not inclined to grant any further time to the respondents to file a counter affidavit. 3. This writ petition has been filed for the following reliefs: - “That through the instant writ application petitioner prays before this Hon'ble Court for issuance of a writ in the nature of mandamus commanding upon the respondents to grant promotion to the petitioner in Grade-4 w.e.f. 01.04.1997 instead of 01.04.2004 and in Grade-5 w.e.f. further 01.04.2009 and thereafter in Grade 7 or in alternate grant promotion to petitioner in Grade 7 w.e.f. to grant promotion 01.04.2003, after completion of 5 years of continuous and satisfactory service in Grade-4. AND It is further prayed for direction upon respondents to release the arrear of difference salary to petitioner with statutory as well as penal interest, after correcting the date of grant of Grade-4 and granting the promotion to petitioner in Grade-5 and Grade 7 as aforesaid AND/OR For any other appropriate relief(s) as Your Lordship may deem fit and proper in law and equity, under the facts and circumstances of the instant case.” 4. The learned counsel for the petitioner has submitted that the petitioner was initially appointed on the post of Assistant Science Teacher vide memo no. 3052 dated 09.07.1988 and the petitioner joined on 14.07.1988 in Rajkiya Madhya Madhya Vidyalay in Oriya Lesliganj, Palamau. She was sent for departmental training and qualified her B.Ed. examination in February, 1994 for the session 1991-92. The result was published on 26.11.1994 and while in service the petitioner further qualified her post graduate examination in August 1994 and the result was published on 03.04.1995. The petitioner got the revised scale of pay pursuant to resolution dated 18.12.1989 and vide memo dated 10.11.1993 issued by the Director, Primary Education, Bihar, Patna, the petitioner was transferred from Palamau to Ranchi and gave her joining in Rajkiya Madhya Madhya Vidyalay on 04.07.1995 and the pay scale of the petitioner was revised from time to time. The petitioner was also promoted to Grade-4 w.e.f. 01.04.2004 vide memo dated 28.09.2010 but the said memo was amended vide another memo dated 01.04.2011. 5. The grievance of the petitioner is that vide memo 8.04.2022 issued by respondent no. 7 several teachers who have completed 12 years of satisfactory service in Grade-4 had been given promotion in Grade-5 but the petitioner has been left out, although juniors to the petitioner have been granted the relief. She has further submitted that the petitioner is entitled for further promotion in Grade-7. As per the calculation of the petitioner, the petitioner would be entitled for Grade-7 w.e.f. 01.04.2003 and Grade 5 w.e.f. 01.04.2009. The 2 petitioner has filed representation before the District Superintendent of Education, but no decision having been taken the petitioner has approached this court. 6. The learned counsel appearing on behalf of the respondents has submitted that there are numerous orders passed by this court wherein direction has been issued to finalize the gradation list. He submits that the question of promotion would arise subject to the finalization of gradation list. He has also submitted that if any junior to the petitioner has been granted promotion, the same is also required to be verified and appropriate order is required to be passed. He submits that considering the nature of grievance of the petitioner and the fact that a number of persons would be affected by the promotion granted to the petitioner, appropriate direction be issued to respondent no. 5. 7. learned counsel for After hearing the the parties and considering the facts and circumstances of the case, this court finds that no adverse order with regard to the claim of the petitioner has been placed on record and as per the writ petition the petitioner had also filed certain representations before the District Superintendent of Education, but no relief was granted. It appears from the record that grievance of the petitioner is that certain juniors have been granted promotion, however specific name of the juniors have not been
Decision
mentioned in the memo of the writ petition. This court is also of the view that the claim for promotion of the petitioner is required to be considered in the facts narrated in the writ petition which certainly would depend upon the finalization of the gradation list. 8. Accordingly, this writ petition is disposed of enabling the petitioner to approach the respondent no. 5 by filing a detailed representation and also giving the details regarding juniors to the petitioner who have been promoted but the petitioner has been left out. A copy of this order and a copy of the writ petition be enclosed with the representation. 9. Upon receipt of the representation of the petitioner the respondent no. 5 shall ensure finalization of gradation list and pass appropriate order reasoned with regard to the promotion of the 3 petitioner particularly taking into account the grievance of the petitioner that juniors to the petitioner have been promoted. The reasoned order be passed after completing all the required formalities including finalization of gradation list within a period of six months from the date of receipt of representation. 10. A copy of the reasoned order be communicated to the petitioner through speed post. 11. It the petitioner is found entitled to any monetary relief in terms of the reasoned order, steps be taken by the respondent no.5 so that the amount be credited in the account of the petitioner within a period of three months from the date of the reasoned order. 12. 13. This writ petition is accordingly disposed of. Pending I.A., if any, is closed. Binit (Anubha Rawat Choudhary, J.) 4