JANARDHAN TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with multiple prayer but now he has confined his prayer for a direction upon the respondents to consider the case of the petitioner for promotion from Grade V to Grade VII under the 1993 Promotion Rules with all consequential benefits.

(2.) The fact of the case lies in a narrow compass. The petitioner was appointed as Assistant Teacher vide Memo No. 1511 dated 10.03.1986 issued by the respondent No. 2 and the petitioner was allowed the SCALE of Rs. 730-1080 by virtue of corrigendum to the order of appointment dated 10.03.1986. Thereafter, the respondents vide Memo No. 2708 dated 20.04.1990 granted the scale of Rs. 1640- 2900/- as the petitioner was trained graduate at the time of appointment. Subsequently, the respondents vide corrigendum dated 30.11992 rectified /shifted the Graduate Trained SCALE with effect from the date of his initial appointment. It is specific case of the petitioner that during his service period, the petitioner has obtained the Post Graduation Degree from Kameshwar Singh Darbhanga Sanskrit Vidyalaya on 16.12000. The scale of the petitioner was revised as per Fifth Pay Revision and Sixth Pay Revision. The petitioner was granted the scale of Rs. 6500-10,500/- in Grade V as per 1993 Promotion Rules upon completion of 12 years of services. The petitioner remained in Grade V w.e.f. 18.03.1998 till date but the respondents have not granted any further promotion to the petitioner i.e. in Grade VII Scale. As the petitioner is going to superannuate on 31.01.2019 and his case for promotion has not been considered, he has represented before the respondents, but the respondents are sitting tight over the matter. Hence, the petitioner has been compelled to knock the door of this Court for redressal of his grievances.

(3.) Mr. Amrendra Pradhan, learned counsel for the petitioner argues that provisional merit list for promotion has been published by the respondents in which the name of the petitioner finds place at Sr. No.1 but till date no final gradation list has been published though objections were invited by them. Learned counsel further argues that the petitioner had already acquired the requisite qualification for grant of Grade VII promotion as per 1993 Promotion rules and is also working as In-charge Headmaster for decades. Learned counsel further submits that a direction may be given upon the respondents to consider the case of the petitioner within a stipulated time as the petitioner is going to superannuate on 31.01.2019.