Md. Manowar Hussain, son of Md. Azimuddin v. State of Jharkhand
2021-01-13
SANJAY KUMAR DWIVEDI
body2021
DigiLaw.ai
JUDGMENT : 1. Heard Mr. Prabhat Kumar Sinha, learned counsel for the petitioners and Mr. Ankit Kumar, learned counsel for the respondent-State. 2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 3. The petitioners have preferred this writ petition for direction upon the respondents to consider the petitioners in Grade-1 from the date of their respective appointment for the purpose of fixing their seniority as the petitioners were given the scale of Matric trained teachers from the date of their appointment and also for a direction upon the respondents to give benefits of Grade II/V scale after completion of 8/12 years of the petitioners’ service. Prayer has also been made for quashing of Clause 15(vii) of Government Resolution No. 3027 dated 14.12.2015 contained in Annexure-9 whereby it has been decided to fix the pay scale in Grade-1 as per the letter no. 4568/F dated 05.07.2002 which is against the spirit of order passed in W.P.(S) No. 638 of 2006 and fix the pay scale of the petitioners in the same scale in which scale of the trained teachers has been fixed. 4. All the petitioners (including compassionate appointees) are teachers, appointed in different years, working in different Govt. Schools in the district of Giridih, Jharkhand. At the time of appointment, all the petitioners were untrained teachers however, they were either Graduate or Post Graduate. These untrained teachers in view of orders passed by the Hon'ble Patna High Court were sent for training and successfully completed the said training. After acquiring the requisite training, the respondents granted the Grade-I Scale to the petitioners from the date of completion of training. Subsequently, Grade-II scale have also been granted to the some of the petitioners by reckoning the Grade-I from the date of acquiring of training and not from the date of joining. Aggrieved by the said decision of the State Government, the some of the teachers approached this Court in case of Arun Sinha & Ors. Vs. the State of Jharkhnad & Ors.
Aggrieved by the said decision of the State Government, the some of the teachers approached this Court in case of Arun Sinha & Ors. Vs. the State of Jharkhnad & Ors. in W.P.(S) No. 638 of 2006, whereby and whereunder, it has been held that the case of the petitioners in that writ petition should be considered for fixing their seniority from the date of their appointment. They should also be considered for giving benefit of Grade-IV scales after completion of 8/12 years of the services. This observation of the Court was affirmed up to Hon'ble the Apex Court. It is the further case of the petitioners that in view of the observations of the Hon'ble Courts, the petitioners are entitled for grant of Grade-I scale from the date of their joining and thereafter, all subsequent promotions/scales ought have to be given to the petitioners by counting their seniority from the date of their joining in service. Thereafter, the respondents have issued a Resolution bearing No. 3027 dated 14.12.2015 regarding grant of Grade-I scale from the date of joining to the teachers appointed in between the year, 1994-2000. Petitioner nos.1 to 16 were appointed on various dates in the year, 1994 whereas, petitioner nos. 17 to 26 were appointed on the various dates in the year, 2000. Petitioners who were appointees of years other than as mentioned above, does not find place in the aforesaid Resolution dated 14.12.2015 and such benefits were not granted to them. The petitioners are mainly aggrieved by the non-consideration of their cases for grant of Grade-I scale from the date of their joining and further to grant of subsequent grades with all consequential benefit and also to extend the benefits of Resolution dated 14.12.2015. As the said benefits were not granted to the present petitioners, they have rushed to this Court, by filing this writ petition. 5. Learned counsel appearing on behalf of the petitioners submit that the petitioners (including compassionate appointees) are entitled for all consequential benefits and promotions from their respective date of joining. Learned counsel further submits that suffice it would be if the respondents are directed to consider their cases in view of specific averment made in counter affidavit. Learned counsel further submits that a direction may be given to the respondents for considering the cases of the petitioners within stipulated period.
Learned counsel further submits that suffice it would be if the respondents are directed to consider their cases in view of specific averment made in counter affidavit. Learned counsel further submits that a direction may be given to the respondents for considering the cases of the petitioners within stipulated period. Learned counsel for the petitioners submits that the case of the petitioners is fully covered with the judgment passed by a Co-ordinate Bench of this Court in W.P.(S) No. 502 of 2016 and analogous cases vide order dated 14.12.2017. 6. Mr. Ankit Kumar, learned counsel appearing on behalf of the respondent-State fairly submits that already the State has filed counter-affidavit. 7. Learned counsel draws the attention to the Court and submits that A High Level Committee vide order dated 25.10.2017 headed by the Joint Secretary of the Department was constituted for reviewing the existing Resolution No. 3027 and Committee has submitted its report on 16.11.2017 in which the Committee has recommended that the benefits of the Resolution dated 14.12.2015 can be extended to all the petitioners and similarly situated employees including the compassionate appointees. A memorandum along with recommendation of the Committee will be sent for concurrence of Finance Department and the same would be then sent for the approval of the Cabinet. 8. Having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioners needs consideration. Since the law is well settled and now the issue is no more res integra that seniority will be counted from the date of initial appointment and not from the date of completion of training and while considering promotion to Grade-I and to subsequent Grades, the same ratio applies. Therefore, the petitioners are entitled for promotions to Grade-I scale and further to subsequent grades as applicable to individual petitioners with all consequential benefits from the date of their initial appointment. Since the respondents have already taken into consideration the cases of the petitioners in W.P.(S) No. 502 of 2016 and have admitted that the benefits of Resolution dated 14.12.2015 can be extended to all the petitioners of that writ petition and similar situated employees including the compassionate appointees, no fresh direction is required. The case of the petitioners shall be considered in the light of W.P.(S) No. 502 of 2016.
The case of the petitioners shall be considered in the light of W.P.(S) No. 502 of 2016. After following all the procedures regarding the concurrence of Finance Department and approval of the Cabinet, let a final order be passed for consideration of the cases of petitioners in view of Resolution dated 14.12.2015. 9. As a cumulative effect of the aforesaid rules, guidelines and legal propositions, I hereby direct the respondents to consider the cases of the petitioners and to pass a reasoned order regarding their promotions and other consequential benefits in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. Needless to say, the respondents may consider the individual cases of the petitioners as per their facts and pass a reasoned order in accordance with law within stipulated period as mentioned above. 10. With the above observations and directions, the writ petition stands disposed of. I.A., if any, stands disposed of.