BHUVAN JYOTI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Saurav Arun, learned counsel for the petitioner, Ms. Surbhi, learned counsel for the respondent-State and Dr. Ashok Kumar Singh, learned counsel for the respondent-RINPAS.

(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 on merit.

(3.) The petitioner has preferred this writ petition for quashing the letter dated 17.12.2015 as contained in Annexure-12, whereby, study leave granted to the petitioner has been regularized with extraordinary leave without pay, but further it has been stated that extraordinary leave will not be counted towards seniority and other benefit for that reason petitioner is not getting increment and benefit of dynamic ACP nor the service book of the petitioner has been verified though he has completed approximately more than 12 years of service. The further prayer is made for direction to declare the action of the respondent authority in granting extraordinary leave is illegal, void and without jurisdiction in view of the provision of Rule 236 of the Jharkhand Service Code (hereinafter to be referred to as "the Code"). The further prayer is also made for direction to the respondents to consider the case of the petitioner for grant of dynamic ACP as he completed more than 10 years in terms of the notification dated 31.10.2017. The further prayer is also made for direction to the respondents for verification of the service book of the petitioner in grant of 2nd installment of 6th Pay Revision Committee as well as 7th Pay Revision Committee. The further prayer is also made for payment of annual increment w.e.f. 2008.