The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6539 of 2023 1. Md. Khalil Ansari, aged about 58 years, son of Sahamat Ansari, resident of Village - Bare, P.O. Turmuli, P.S. Burmu, District Ranchi, Jharkhand- 835205. 2. Shailesh Kumar Singh, aged about 57 years, son of Dr. Ram Vilas Singh, resident of Srikrishnapur, Behind Ramkrishna Mission, Morabadi, P.O Ranchi University, P.S. Bariatu, District Ranchi, Jharkhand- 834008. 3. Mahendra Deo Singh, aged about 60 years, son of Dhanushdhari Singh, resident of Friends Colony, Raga Path, Pandra, Ratu Road, P.O. Kamre, P.S. Ratu, District - Ranchi, Jharkhand-835222. 4. Nilam Kumari Singh, aged about 52 years, wife of Chandra Shekhar, resident of Qr. No. 2615, Side-5, Sector-02, P.O - Dhurwa, P.S. Jagarnathpur, District - Ranchi, Jharkhand-834004. 5. Hira Kant Jha, aged about 48 years, son of Umesh Jha, resident of Swarnarekha Nagar, Road No. 2, Ketari Bagan, P.O. & P.S. Namkum, District Ranchi, Jharkhand-834010. 6. Pankaj Kumar, aged about 47 years, son of Shashi Bhushan Kumar, resident of C/o J.C.I., P.O. & P.S. Namkum, District Ranchi, Jharkhand-834010. 7. Dilip Kumar Jha, aged about 58 years, son of Parshuram Jha, resident of Jiwan Gali, Hariharsingh Road, Morhabadi, P.O.- Ranchi University, P.S. Bariatu, District Ranchi, Jharkhand-834008. 8. Mukesh Kumar, aged about 48 years son of Mrityunjay Sahay, resident of Kishoreganj Chowk, Harmu Road, Kishoreganj, Road No. 1, P.O...- G.P.O., P.S. Kotwali, District Ranchi, Jharkhand - 834001. 9. Dilip Kumar Mahto, aged about 51 Years, son of Shristidhar Mahto, resident of Kailash Nagar, Road No. 02, Tetritoli, Jorar, Namkum, P.O. & P.S. Namkum, District Ranchi, Jharkhand-834010. 10. Pranesh Ranjan Verma, aged about 50 years, son of Rameshwar Mahto, resident of Dwarikapuri, P.O. Kamre, P.S.- Ratu, District- Ranchi, Jharkhand- 835222. 11. Md. Shahid, aged about 51 years, son of Md. Abbas, resident of Mantu Chow, Tiwari Tank Road, Hindpiri, P.O.-G.P.O., P.S. – Hindpiri, District - Ranchi, Jharkhand-834001. 12. Satish Kumar, aged about 50 years, son of Mahabir Singh, resident of Village - Tiril, P.O. & P.S.- Dhurwa, District - Ranchi, Jharkhand-834004. 13. Dhananjay Mahli, aged about 50 years, son of Durga Charan Mahli, resident of Village- Chirudih, P.O. - Bansiya, P.S. - Silli, District- Ranchi, Jharkhand-835102. Versus … … Petitioners 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, at Project Bhawan, Dhurwa, P.O.& P.S.- Dhurwa District Ranchi Jharkhand -834004 1 2. The Director, Primary Education, School Education & literacy Department, Govt. of Jharkhand, at Project Bhawan, Dhurwa, P.O. Dhurwa P.S. Dhurwa, District Ranchi, Jharkhand- 834002. 3. The Regional Deputy Director of Education, South Chhota Nagpur Division, Ranchi, P.O.& P.S Ranchi, District Ranchi, Jharkhand. 4. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ranchi, P.O. - G.P.O., P.S.- Kotwali, District Ranchi, Jharkhand- 834001. 5. The District Education Officer, Near Kutchery, Ranchi, P.O. - G.P.O., P.S. - Kotwali, District Ranchi, Jharkhand -834001. 6. The District Superintendent of Education (D.S.E), Ranchi, Near Kutchery, Ranchi, P.O. - G.P.O., P.S. - Kotwali, District Ranchi, Jharkhand -834001. … … Respondents With W.P.(S) No. 6627 of 2023 1. Anup Kumar Keshri, aged about 50 years, son of Late Ramawater Sahu, resident of Near S.P.G. Mission School, Lower Chutia, P.O. & P.S.- Chutia, District Ranchi, Jharkhand. 2. Jalaj Nath Singh, aged about 50 years, son of Late Padma Nath Singh, resident of Shakuntalam, Nand Nagar, P.O. Harmu, P.S. Argora, District Ranchi, Jharkhand. 3. M. Shah Nawaz, aged about 52 years, son of Late Mokhtar Ahsan, resident of D/118, Road No. 1, Ashok Nagar, P.O. Ashok Nagar, P.S. Argora, District Ranchi, Jharkhand. Versus … … Petitioners 1. The State of Jharkhand through the Secretary, Department of School Education and Literacy, Govt. of Jharkhand, Project Bhawan, H.E.C. Township, P.O. & P.S. Dhurwa, District-Ranchi. 2. The Director, Department of School Education and Literacy (Primary Education), Govt. of Jharkhand, Project Bhawan, H.E.C. Township, P.O. & P.S. Dhurwa, District-Ranchi. 3. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Ranchi, P.O., P.S. & District- Ranchi. 4. The Deputy Development Commissioner, Ranchi, P.O., P.S. & District Ranchi. 5. The Regional Deputy Director of Education, Ranchi, P.O., P.S. & District-Ranchi. 6. The District Superintendent of Education, Ranchi, P.O., P.S. & … Respondents District Ranchi. … CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners For the Resp.-State
Legal Reasoning
--- : Mr. Rahul Kumar, Advocate : Ms. Richa Lal, Advocate [in both the cases] : Mr. Sreenu Garapati, SC-III 2 : Mr. Shivam Anand Pathak, AC to SC-III [in W.P.(S) No. 6627 of 2023] : Mr. Krishna Prajapati, AC to SC-V [in W.P.(S) No. 6539 of 2023] --- 05/09.05.2024 Learned counsel for the parties are present. 2. These two writ petitions have been taken up together as same issue are involved. Both these writ petitions relate to Ranchi district. 3. A counter affidavit has been filed in W.P.(S) No. 6627 of 2023, which is taken on record. 4. W.P.(S) No. 6539 of 2023 has been filed for the following reliefs: “(i) For issuance of an appropriate writ/s, direction/s or order/s in the nature of certiorari for quashing of part of the letter/direction as contained in memo no. 770(Vidhi) dated 5.10.2023 (Annexure- 12) issued under the signature of the respondent Secretary and which is addressed to all the Deputy Commissioners and District Superintendents of Education in the State of Jharkhand, whereby it has been directed that there can be no promotion to Grade-IV and Grade-VII on notional basis and the benefits of promotion to Grade-IV and Grade-VII shall only accrue with the joining of the teachers. (ii) For issuance of an appropriate writ/s, order/s and direction/s upon the respondents to shift the date of promotion of the petitioners in Grade- IV from due date of eligibility and vacancy in terms of the Jharkhand Taken Over (Elementary School Teachers Promotion) Rules, 1993 (hereinafter referred to as the Promotion Rules, 1993) (Annexure-1) and to accordingly rank and place them at appropriate place in the seniority list. (iii) For issuance of an appropriate writ/s, order/s and direction/s commanding upon the respondent authorities to consider the objections and representations submitted by the petitioners in relation to the Provisional Gradation List No. 4 for promotion to Grade-VII as uploaded on the website of the respondents D.S.E., Ranchi and contained in notice no. 2455 dated 24.8.2023 (Annexure-10). (iv) For issuance of an appropriate writ/s, direction/s or order/s directing the Respondents to consider and grant promotion to the Petitioners on Grade- VII with due date of eligibility and vacancy in terms of the Promotion Rules, 1993 (Annexure-1). 3 (v) The petitioners consequently pray that upon grant of promotion to higher grade with retrospective effect, the higher pay scale of promoted post/grade along with arrears arising thereof may be released in favour of the petitioners.” 5. W.P.(S) No. 6627 of 2023 has been filed for the following reliefs: “(i) For issuance of an appropriate writ/s, direction/s or order/s in the nature of certiorari for quashing of part of the letter/direction as contained in memo по. 770(Vidhi) dated 5.10.2023 (Annexure-13) issued under the signature of the respondent Secretary and which is addressed to all the Deputy Commissioners and District Superintendents of Education in the State of Jharkhand, whereby it has been directed that there can be no promotion to Grade-IV and Grade-VII on notional basis and the benefits of promotion to Grade-IV and Grade- VII shall only accrue with the joining of the teachers. (ii) For issuance of an appropriate writ/s, order/s and direction/s upon the respondents to shift the date of promotion of the petitioners in Grade- IV from due date of eligibility and vacancy in terms of the Jharkhand Taken Over (Elementary School Teachers Promotion) Rules, 1993 (hereinafter referred to as the Promotion Rules, 1993) (Annexure-1) and to accordingly rank and place them at appropriate place in the seniority list. (iii) For issuance of an appropriate writ/s, order/s and direction/s commanding upon the respondent authorities to consider the objections and representations submitted by the petitioners in relation to the Provisional Gradation List No. 4 for promotion to Grade-VII as uploaded on the website of the respondents D.S.E., Ranchi and contained in notice no. 2455 dated 24.8.2023 (Annexure-11). (iv) For issuance of an appropriate writ/s, direction/s or order/s directing the Respondents to consider and grant promotion to the Petitioners on Grade-VII with due date of eligibility and vacancy in terms of the Promotion Rules, 1993 (Annexure-1). (v) The petitioners consequently pray that upon grant of promotion to higher grade with retrospective effect, the higher pay scale of promoted post/grade along with arrears arising thereof may be released in favour of the petitioners.” 4 6. Learned counsel for the petitioners, at the outset, has submitted that he does not want to press the relief in paragraph 1(i) of these writ petitions on account of subsequent developments. 7. Considering the submissions, the relief prayed for vide paragraph 1(i) in both these writ petitions is dismissed as not pressed. 8. The learned counsel for the petitioners submits that the matter relates to grant of promotion in terms of Jharkhand Taken Over (Elementary School Teachers Promotion) Rules, 1993 (hereinafter referred to as the Rules of 1993). The petitioners have already been granted promotion, but a prayer has been made to shift the date of promotion from the date they were entitled and juniors to the petitioners were promoted. 9. The learned counsel for the petitioners has further submitted that the claim regarding promotion and shifting the date of promotion has already been set at rest by virtue of the various judgments passed by this Court and also follow-up notifications issued by the respondents from time to time. 10. Further grievance of the petitioners is that a gradation list for promotion to Grade-VII has been published and the petitioners have objected to the gradation list, inasmuch as, the notional date of promotion to Grade-IV has not been properly granted to the petitioners. The provisional gradation list has been circulated on 24.08.2023 and objections were invited. Some of the petitioners have filed objections to the gradation list on 25.10.2023 and 30.10.2023. He submits that the respondents be directed to consider the case of the petitioners with regard to shifting of their notional date of promotion to Grade-IV and also consider the objection(s) to the provisional gradation list and they be directed to proceed as per their own circulars. 11. The learned counsel for the petitioners has also referred to Annexure- B to the counter affidavit filed in W.P.(S) No. 6627 of 2023 which is the letter no. 936 dated 14.11.2022 issued by the Secretary of the School Education and Literacy Department and addressed to all the Deputy Commissioners as well as to all the 5 District Superintendents of Education wherein point-wise steps have been enumerated for the purposes of disposal of the claim regarding promotion to the school teachers. He has submitted that if this direction is taken care of, then the grievance of the petitioners would be redressed. 12. The learned counsel for the respondents, on the other hand, has submitted that the gradation list has not yet been finalized, but the notional date of promotion is to be considered subject to availability of vacancy and in terms of the circulars issued by the State Government. He submits that the needful can be done within a period of three months. He submits that not only the objection(s) of the petitioners, but all other objections are required to be considered and taken care of so that nobody is left unheard. 13. After hearing the learned counsel for the parties and considering the facts and circumstances of these cases, this Court finds that the matter regarding promotion arising out of the aforesaid Rules of 1993 has been subject matter of consideration in various litigations before this Court and ultimately, appropriate follow-up circulars/notifications have been issued by the State. The petitioners are not claiming any monetary benefit out of notional promotion which they are claiming under Grade-IV, however, the promotion will be certainly subject to availability of vacancy. 14. The fact remains that the claim of the petitioners with regard to notional date of promotion is yet to be taken care of, therefore, objections have been filed by some of the petitioners to the gradation list dated 24.08.2023. It has been submitted that other aggrieved persons have also filed objection and the gradation list has not been finalized. 15. This Court is of the considered view that the aforesaid grievance of the petitioners is required to be taken to a logical end and the respondents are bound to act as per their own circulars and decisions. 6 16. Upon a query by this Court, the learned counsel for the respondents on instruction has submitted that the matter regarding gradation list is likely to take at least three months’ time. 17. The fact also remains that not only the objection of the petitioners is to be taken into consideration, but the interest of all the persons concerned who have filed objection(s) and also the interest of the persons likely to be affected by such objection(s) are required to be taken into consideration. 18. Accordingly, these writ petitions are disposed of with a direction upon the Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ranchi to take appropriate steps so that the grievance of the petitioners with respect to notional promotion to Grade-IV and their objection with regard to provisional gradation list is taken to a logical end in accordance with the law within a period of five months from the date of communication of this order. The finalization of gradation list in Grade IV will certainly have a bearing on claim of further promotion. 19. The petitioners are directed to produce a copy of the writ records and a copy of this order before the Deputy Commissioner-
Decision
cum-Chairman, District Education Establishment Committee, Ranchi. 20. These writ petitions are accordingly disposed of. 21. Pending interlocutory application, if any, is closed. Pankaj (Anubha Rawat Choudhary, J.) 7