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2018 DIGILAW 576 (JHR)

Ratan Lal Mahto v. State Of Jharkhand

2018-03-12

S.N.PATHAK

body2018
JUDGMENT S. N. Pathak, J. – The petitioner has approached this Court with a prayer for a direction upon the respondents to consider his pending representation and also to grant Grade-IV Pay-scale to him from the due date against the vacant post of Trained Arts Graduate Teachers with all consequential benefits. 2. The fact in short is that the petitioner was appointed in the year 1989 in Grade-I of matric trained pay scale in Primary School Mahlipokhar of Manjhgaon Block, West Singhbhum. The petitioner''s claim is that he has completed more than 8 years in Grade-I and he is entitled for grant of benefits of Grade-IV pay scale. At the very outset, learned counsel for the petitioner submits that though the representation of the petitioner is pending, but, neither the respondents have shown any consideration nor any orders have been passed on the pending representation. Suffice, it would be if a direction be given to the respondents to dispose of the pending representation of the petitioner. 3. No counter-affidavit has been filed, however, learned counsel for the respondents very fairly submits that the respondents will pass a reasoned order on the pending representation of the petitioner and if the petitioner is entitled for the said benefit, the same shall be extended to the petitioner in accordance with law. 4. In view of the submissions made by the learned counsel for the parties, without going into the merits of this case, I hereby direct the petitioner to file fresh representation along with a copy of this order before respondent No.3, within a period of eight weeks from today. On receipt of such representation, the said respondent No.3 shall consider the case of the petitioner strictly in terms of the seniority list, which is under preparation and after taking into consideration the vacancy position, he will pass an appropriate order for placing the matter before the District Establishment Committee for taking an appropriate decision in the matter, in accordance with law. If the Committee has already decided the issue, pursuant to order passed by this Court in W.P. (S) No. 6653 of 2017, similar benefits may also be extended to the present writ petitioner, within a period of six weeks from the receipt of representation of the petitioner along with a copy of this order. With the aforesaid directions, this writ petition stands disposed of.