Jitendra Kumar Singh v. State of Jharkhand through the Secretary, H. R. D, Govt. of Jharkhand, Ranchi
2015-12-18
APARESH KUMAR SINGH
body2015
DigiLaw.ai
ORDER : Heard learned counsel for the parties. 2. In all these writ petitions, petitioners who are Assistant Teachers in Elementary Schools in the State of Jharkhand have sought benefit of Grade-I scale and seniority from their initial date of joining relying upon the judgment rendered in the case of Arun Sinha & others Vrs. State of Jharkhand & others in W.P.(S) No. 638 of 2006 and the judgment passed in L.P.A. No. 214 of 2008 preferred by the State of Jharkhand against the said judgment, which has subsequently been upheld by the Apex Court in S.L.P.(Civil) No. 5520-5522 of 2013 preferred by the State of Jharkhand vide judgment dated 8.3.2013. 3. According to the individual petitioners, they have obtained Teachers' Training qualification during the course of their service career and the delay in acquisition of the Teachers' Training qualification is not on account of their fault. Learned counsels for the petitioners submit that during the pendency of these writ petitions the State Government has taken a policy decision contained in resolution no. 3027 dated 14.12.2015. It is submitted that instant resolution has resolved to grant benefit of Grade-I scale and seniority from the date of initial joining to all such Teachers who have been appointed in the year 1987, 1988, 1994 and 1999-2000. It is further submitted that the aforesaid resolution has been issued after indulgence of this Court in batch of writ petitions led by W.P.S. No. 2547 of 2014. This Court after taking into account the policy decision, as aforesaid, disposed of the batch of said writ petitions vide judgment dated 17.12.2015 to enable the respondent- District authorities concerned to carry out the exercise in the matter relating to individual petitioners / persons who are entitled to the benefit of such Grade-I scale and seniority from their initial date of joining within stipulated period. Petitioners have therefore made prayer that the instant writ petitions be also disposed of in similar terms. 4. Learned counsel for the respondents in all these matters have submitted that pursuant to the judgment rendered by this Court in the case of Arun Sinha & others (supra), the respondent- Department has come out with a policy decision as contained in the said resolution dated 14.12.2015.
4. Learned counsel for the respondents in all these matters have submitted that pursuant to the judgment rendered by this Court in the case of Arun Sinha & others (supra), the respondent- Department has come out with a policy decision as contained in the said resolution dated 14.12.2015. Cases of such persons/petitioners who fall within the terms of the said policy resolution are required to be examined by the respective District authorities for which directions have also been issued by the Director, Primary Education, after issuance of the said resolution. It is submitted that whether cases of these petitioners fall within the terms and conditions of the said resolution would be examined by the authorities of the respective districts in which petitioners are serving and dependent upon such exercise, those who are found to be entitled, they would be granted the benefit of Grade-I scale and seniority from their initial date of joining in the elementary schools. 5. Considered the submission of the parties in the light of relevant material facts noticed hereinabove. This Court in batch of cases led by W.P.S. No. 2547 of 2014 had occasion to deal with the instant issue where similar claims for grant of Grade-I scale and seniority from their initial date of joining were sought. The said batch of writ petitions have been disposed of in view of the policy decision taken by the State Government as contained in para 15 thereof. In the present batch of writ petitions, most of the writ petitioners claim to be appointed in the year 1994, 1988 or 1999-2000 except the petitioners in W.P.S. No. 4280 of 2015, wherein some of them were appointed in the year 1982 and 1989. Individual cases of these petitioners are therefore required to be examined in the light of the policy decision dated 14.12.2015 by the respective district authorities. 6. In that view of the matter, the present batch of writ petitions are disposed of in similar terms as directed in the case of Sunil Kumar Bhagat & others (W.P.S. No. 2547 of 2014). The operative portion of the said judgment is quoted herein below for better appreciation. “9. This issue relating to seniority from the date of initial joining and grant of Grade-I scale to the Assistant Teacher in Primary school has engaged the attention of this Court in several matters.
The operative portion of the said judgment is quoted herein below for better appreciation. “9. This issue relating to seniority from the date of initial joining and grant of Grade-I scale to the Assistant Teacher in Primary school has engaged the attention of this Court in several matters. The respondent- State has in due deference to the ratio laid down in the case of Arun Sinha & others (supra) has now taken a policy decision to grant the said benefit as per the terms of the said resolution quoted herein above to individual incumbents. It would now be proper that the cases of individual petitioners who fall within the terms of the resolution dated 14.12.2015, quoted herein above, be considered by the respondents- District authorities. The District Superintendent of Education of respective districts would examine the individual cases as per the procedure laid down by placing the matter before the District Education Establishment Committee for taking an informed decision in respect of individual claims in accordance with law and the aforesaid policy decision within a reasonable time, preferably 16 weeks from the date of receipt of copy of this order. 10. It would not be out of place to record appreciation of the efforts taken by the State counsels and the respondent-Department in coming out with the policy resolution, which may possibly reduce institution of large number of cases with similar grievances in this Court. 11. All the writ petitions are accordingly disposed of with the aforesaid observations and directions. Pending I.A.s also stand closed”. 7. All these writ petitions are disposed of accordingly.