CHANDRA SHEKHAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application, the petitioner has sought for direction upon the respondents for quashing the part of the order by which the petitioner has been denied monetary benefit with effect from 09.08.1996, the date when the petitioner has been granted promotion in the rank of Sub Divisional Officer and the monetary benefit has also been denied with effect from 24.12.2005 when the petitioner has been granted promotion in the rank of Deputy Collector, on the ground that salary for the rank of the promoted post shall be granted with effect from the date of joining on the said post. Further, prayer has been made for granted of arrears of difference of salary w.e.f the date of promotion to the post of Additional Collector which has been granted vide notification dated 02.03.2009 with retrospective effect from 24.12.2005.

(2.) The brief facts, as has been disclosed in the writ application, is that petitioner joined in the year 1990 having qualified in the State Administrative Service. In the year 1990-91 a seniority list was prepared for the said service in which the name of the petitioner appeared at Serial no.2800 and one Sri Mahadeo Dhan appeared at Serial No.2803. In the year 1999 another seniority list was prepared in which the name of the petitioner appeared at Serial no.1876 while the name of Shri Mahadeo Dhan appeared at Serial no.1879. Subsequently by the State of Jharkhand a gradation list was prepared in which the name of the petitioner figured at Serial No.596 and the name of Shri Mahadeo Dhan appeared appears at Serial no.599 as evident from Anexure-3 to the writ petition. Since the junior to the petitioner namely Smt. Suman Katherin Kispotta was granted Junior Selection Grade and Senior Selection Grade in the year 1998 and 2005 respectively and the case of the petitioner was not considered, the petitioner preferred W.P.(S) no.2821 of 2007 before this Court and the said writ petition was disposed of vide order dated 28.04.2008 with liberty to the petitioner to make fresh representation and the respondents were directed to consider the same and pass appropriate orders. Thereafter, a notification dated 003.2009 has been issued by which the petitioner has been granted Junior Selection Grade with effect from 09.08.1996 and Senior Selection Grade with effect from 24.12005 vide Annexure-5 to the writ petition. But the respondents directed to pay the monetary benefit with effect from the date of joining. It has been averred in the writ application that though the juniors to the petitioner have been granted promotion to Junior Selection Grade and Senior Selection Grade along with monetary benefit but for the irregularities and arbitrariness, petitioner's monetary benefits have not been paid. Being aggrieved by the order, the petitioner submitted representations vide Annexures-6 and 7 to the writ petition. Due to non-disposal of the representations, the petitioner has been constrained to approach this Court in the instant writ application under Article 226 of the Constitution of India for redressal of grievance.

(3.) A Supplementary affidavit dated 05.04.2018 has been filed wherein case of the petitioner has been recommended by the departmental promotion committee by the erstwhile State of Bihar under Scheduled Tribe category has been annexed as Annexure-8 and the petitioner's name is at Serial No.222. It has further been submitted that even the name of the petitioner was recommended two times in the year 2000 and 2001 for the post of Sub Divisional Officer's rank under Scheduled Tribe category, but due to laches on the part of the respondents no promotion has been given. It has further been submitted that after creation of the State of Jharkhand and cadre bifurcation, the name of the petitioner was erroneously listed under Scheduled Caste category. The petitioner submitted representation vide Annexure-10 dated 20.05.2002 to the State of Bihar. Further, the petitioner has submitted representation vide Annexure-11 series to the State of Jharkhand for correction of his category from Scheduled Caste to Scheduled Tribe. In the said affidavit petitioner provided a copy of the service records to the respondent authority vide Annexure-12 wherein category has been mentioned as Scheduled Tribe. It has further been submitted that the petitioner's representation for correction of his category from Scheduled Caste to Scheduled Tribe fell on deaf ears, in spite of several representations.