Ram Gulam Sharma …. … v. 1. State of Jharkhand 2. Principal Secretary, Department of Home, Govt. of Jharkhand, having
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P.(S) No.2506 of 2017 ---- Ram Gulam Sharma …. …. Petitioner Versus 1. State of Jharkhand 2. Principal Secretary, Department of Home, Govt. of Jharkhand, having its office at Project Building, P.O. & P.S. Dhurwa, Ranchi 3. Director General-cum-Inspector General of Police, State of Jharkhand having its office at Police Head Quarter, P.O. & P.S. Dhurwa, Ranchi 4. Inspector General of Police (Human Right), Jharkhand having its office at Police Head Quarter, P.O. & P.S. Dhurwa, Ranchi 5. Superintendent of Police, Lohardaga 6. Principal Secretary, Department of Finance, Govt. of Jharkhand, having its office at Project Building, Dhurwa, Ranchi. …. …. Respondents
Legal Reasoning
---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner For the Respondents : Mr. Sameer Saurabh, Adv. : Mr. Ruby Yadav, A.C to S.C.VI 05/Dated: 14th September, 2023 ---- 1. The present writ petition has been filed by the petitioner for following reliefs:- “(i) For issuance of an appropriate writ(s)/order(s)/directions or a writ nature of mandamus commanding upon the respondents particularly the respondent no.2 and 3 to grant promotion to the petitioner on the post of Senior Deputy Superintendent of Police in the pay-scale of pay band-III i.e. Rs.15,600-39,100/- Grade Pay Rs.6600/- with effect from 29.8.2012 and accordingly fix the pension of the petitioner considering his pay-scale Rs.15,600-39,100/- Grade Pay Rs.6600/- and after fixing the salary of the petitioner in Pay Band-III, the payment of arrears of salary from 29.8.2012 to 13.3.2013 and arrear of pension from 1.4.2013 to till date may kindly be made to the petitioner. (ii) For issuance of an appropriate writ(s)/order(s)/direction(s) or a writ in nature of mandamus commanding upon the respondents to make payment of “Duruh Bhatta” i.e 15% of basic salary from 1.7.2008 to 31.3.2013 as the petitioner entitled for the same as remained posted on the post of Sub-divisional Police Officer, Lohardaga which comes under the difficult/remote area of Naxalite affected district declared by Govt. of 2 W.P.(S). No.2506 of 2017 India in terms of Memo No.649 dated 25.5.2015 but the same has not been paid to the petitioner.” 2. From the pleadings and arguments of the parties, it appears that the petitioner has been appointed on the post of Sub-Inspector of Police on 09.02.1975 in the erstwhile State of Bihar and thereafter, he has been promoted on the post of Inspector of Police in the year 1986. After reorganization of the State of Bihar, the petitioner got the cadre in the State of Jharkhand. The petitioner was promoted to the post of Deputy Superintendent of Police vide memo dated 07.05.2008. 3. It further appears that the petitioner has become entitled for further promotion to the post of Senior Dy. Superintendent of Police and for that purpose, a proceeding has also been initiated. The claim of the petitioner could not be processed by the Departmental Promotion Committee as Annual Confidential Report (A.C.R) for two years i.e., 2010-11 and 2011-12 were not available in the Departmental Promotion Committee and the matter has been kept pending. Specific query has been made by this Court and in pursuance of that, a supplementary counter affidavit has been filed. Paragraph Nos.4 to 8 of the supplementary counter affidavit is quoted herein below:- “4. That the present supplementary counter affidavit is being filed pursuant to the order and direction dated 08.01.2019 passed by this Hon’ble Court, whereby, the Hon’ble Court has been pleased to make specific query that why the ACR of the petitioner for two years period 2010-11 and 2011-12 was not available in the D.P.C. of 31.07.2012 though the availability of the ACR is the responsibility of the State. 5. That it is stated and submitted that the ACRs of the Deputy Superintendent of Police working in different districts are maintained and recorded in the following manner:- (i) Reporting Officer:- Concerned Superintendent of Police. (ii) Reviewing authority:- Concerned Deputy Commissioner. (iii) Accepting authority:- (a) Range DIG (b) Divisional Commissioner. 6. That is stated that the aforesaid manner of recording ACR has been incorporated in the Home (Police) Department, Resolution dated 29.11.1988. 7. That it is stated and submitted that as per the report submitted by the Superintendent of Police, Lohardaga contained in letter no.213 dated 13.01.2019, it is evident that the ACR of the petitioner had been recorded for the period from 06.05.2010 to 23.07.2011 by the then Superintendent of Police, Lohardaga on 31.07.2012 and the ACR of the petitioner for the 3 W.P.(S). No.2506 of 2017 period from 23.07.2011 to 31.03.2012 had also been recorded by the then Superintendent of Police, Lohardaga on 05.08.2012. 8. That it is stated and submitted that the ACR of the petitioner for the year 2010-11 and 2011-12 could not be produced before the D.P.C dated 31.07.2012 due to non completion of the same at the concerned level.” 4. Now, the A.C.R has already been recorded for the above two years and in spite of that, the case of the petitioner has not been considered till date by the Departmental Promotion Committee. 5. Further prayer has been made in the present writ petition is that the petitioner is also entitled for “Duruh Bhatta” while, he was posted in the difficult/remote area. The matter is still pending and no decision has been taken regarding the entitlement of the petitioner for the said benefits. 6.
Decision
In view of the above discussion and the materials available on record, the present writ petition is hereby, disposed of directing the respondent No.2 to place the matter before the Departmental Promotion Committee for considering the entitlement of the petitioner and necessary order should be passed within a period of four months from the date of receipt/production of a copy of this order. 7. So far as the second prayer of the petitioner regarding payment of “Dhura Bhatta” is concerned, the petitioner is directed to file a representation before the respondent No.2 within a period of two weeks from today and the respondent No.2 is directed to pass a reasoned order within a period of six weeks thereafter and if the entitlement is there, the same should be released. 8. With the above observation and direction, the present writ petition is hereby, disposed of. Raja/- (Rajesh Kumar, J.)