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2012 DIGILAW 1746 (JHR)

Kamala Sahu v. State of Jharkhand

2012-12-18

APARESH KUMAR SINGH

body2012
ORDER Heard learned counsel for the parties. 2. Petitioner has sought direction upon the respondents, specially respondents no. 4, Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ranchi and respondent no. 6, District Superintendent of Education, Ranchi respectively, for considering the case of the petitioner for promotion to Grade-IV i.e. Graduate Trained Pay Scale (Science) Rs. 1640-2900 (unrevised) w.e.f. the date of passing of Teachers Training Examination i.e. from 16.03.1992. 3. According to the petitioner, junior persons to the petitioner have been granted the same benefit, while the petitioner is still languishing in Matric Trained Senior Scale of Grade-II. Learned counsel for the petitioner also submits that upon grant of such Graduate Trained Pay Scale, the petitioner would be further entitled to consequential benefits of pay fixation and arrears of salary w.e.f. from the said date. 4. It is submitted on behalf of the petitioner that the petitioner has been granted the said B.Sc. Trained Graduate Scale vide office order passed on 01.04.2011 w.e.f. 1st April 2001. However, the petitioner had preferred I.A. No. 3186 of 2012 challenging the said order to the extent, which has not granted promotion to Grade-IV w.e.f 16.03.1992. 5. The respondents were allowed time to seek instruction in respect of the specific prayer made in the said I.A. The respondent nos. 4 & 6 have thereafter filed their counter affidavits. It has been stated on their part that the promotion order was issued after publication of the gradation list for inviting objection from everyone, but since the petitioner had not filed his objection against the same, the promotion was granted w.e.f. from 01.04.2001. However, since the petitioner has raised the issue of grant of promotion w.e.f. 16.03.1992 i.e. from the date of passing of the trained examination, his claim is being put before the District Education Establishment Committee, Ranchi for taking appropriate decision in the matter after considering his claim. It has further been stated that if his claim is found to be genuine for sanction of Grade-IV Scale w.e.f 16.03.1992, it shall be considered by the said committee and appropriate order will be issued after completing all formalities. Accordingly, they have stated that after due consideration, if rectification is required, the same would be undertaken. 6. It has further been stated that if his claim is found to be genuine for sanction of Grade-IV Scale w.e.f 16.03.1992, it shall be considered by the said committee and appropriate order will be issued after completing all formalities. Accordingly, they have stated that after due consideration, if rectification is required, the same would be undertaken. 6. According to the petitioner, he is going to retire in the month of February 2013 itself and as such, early decision is expected on the part of the respondents in this matter. 7. After having heard counsel for the parties and going through the counter affidavit filed on behalf of respondent nos. 4 & 6 on 17.12.2012, it appears that the respondents are going to consider the claim of the petitioner for grant of promotion in Grade-IV Scale w.e.f. 16.03.1992 which is being placed before the District Education Establishment Committee, Ranchi for passing appropriate orders. In view of the categorical statement made in the counter affidavit, this Court, without going into the merits of the controversy, direct the respondents to consider the petitioner's grievances and take a decision in that respect, as stated by them, within a period of eight weeks from the date of receipt of the copy of this order. 8. The writ petition is, accordingly disposed of. Petition disposed of.