SUDHIR KUMAR PATHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, prayer has been made on behalf of the petitioner for grant of Grade-I scale to the petitioner from his date of joining in services and upon granting the benefits of Grade-I, further prayer has been made for grant of subsequent grades including Grade-IV, V etc. reckoning the Grade-I scale from the date of joining with all consequential benefits and to count seniority from the date of joining.

(2.) The facts, as has been delineated in the writ application, is that petitioner having Graduate Degree was appointed as Assistant Teacher on 14.08.1995 and has been working since then on compassionate ground in the light of the order of this Court passed in C.W.J.C. No.2868 of 1994(R). At the time of appointment, petitioner being untrained sent for training and has successfully completed the same in the year 200 After acquiring the requisite training the petitioner has been granted Grade-I scale from the date of joining but further promotion has not been given. It has further been averred in the writ application that petitioner is entitled to Grade-II Scale from the year 2008 for which he submitted representation but the same did not evoke any response by the respondent authority. Aggrieved by non-consideration in promotion some of the persons filed a writ application before this Court being W.P.(S) No.638 of 2006 whereby, it has been held that the petitioner's case 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 the Hon'ble Apex Court. It is further submitted that in view of the observations of the Hon'ble Courts, petitioner is entitled for grant of Grade-I scale from the date of joining and thereafter, all subsequent promotions/scales ought to have been given to the petitioner by counting his seniority from the date of his joining.

(3.) Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment of this Court dated 14.12.2017 passed in W.P(S) No.502 of 2016 and analogous cases. Learned counsel for the petitioner submits that petitioner is entitled for all consequential benefits and promotions from the date of joining, in the light of resolution bearing No.3027 dated 14.12.2015 issued by the respondents after the direction of this Court.