SANJAY KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for a direction upon the respondents to consider the case of the petitioner for adhoc promotion from the post of Section Officer to the post of Under Secretary in light of the provisions enshrined in Resolution No.6227 dated 20.11.2008 issued by the State of Jharkhand. Further prayer has been made to direct the respondents to pay the non-functional pay in PB-III (GP-5400) to the petitioner in view of the Circular contained in Resolution No.2557/F dated 18.07.2014. Further prayer has been made for a direction upon the respondents to pay all consequential benefits to the petitioner for which the petitioner is entitled for.

(2.) The case of the petitioner lies in a narrow compass. The petitioner was appointed as Assistant in the unified State of Bihar by the Personnel, Administrative Reforms and Rajbhasha Department on 01.09.1986 and the services of the petitioner was confirmed w.e.f. 02.09.1988. After bifurcation of the State of Bihar, the services of the petitioner was allocated to the State of Jharkhand. It is specific case of the petitioner that after rendering satisfactory services, he represented before the respondents for consideration of his case for promotion to the post of Section Officer in view of the Circular contained in Resolution No. 6227 dated 28.11.2008, which provides for adhoc promotion since the criminal case was pending against the petitioner, but the same was not considered. Aggrieved by the same, the petitioner has earlier approached this Court by filing a Writ Petition being W.P.(S) No.7968 of 2012, which was disposed of vide order dated 17.12.2013 with a direction upon the respondents to consider the case of the petitioner in view of the State Government's Resolution dated 20.11.2008. Pursuant to the said order, the case of the petitioner was considered and granted promotion to the post of Section Officer on adhoc basis on 20.02.2014. It is further the case of the petitioner that in view of the Resolution of the State Government being Resolution No. 2557/F, the petitioner made an application for grant of non-functional pay scale in Pay Band-III (Grade Pay 5400/-) as he has worked for 12 years to the post of Assistant and one year additionally to the post of Section Officer. The petitioner also made representation for consideration of his case for promotion to the post of Under Secretary from the post of Section Officer on adhoc basis, but no heed was paid on the said representations and as such, the petitioner has been constrained to knock the door of this Court.

(3.) Ms. Neha Bhardwaj, learned counsel for the petitioner strenuously urges that petitioner is entitled for the adhoc promotion to the post of under Secretary as his case has not been considered for regular promotion. Learned counsel further argues that petitioner is entitled for consideration of his case even if a criminal case is pending against him as earlier his was considered for promotion on adhoc promotion to the post of Section Officer as he fulfills all the required qualification for promotion. She further submits that the petitioner has completed 12 years of service to the post of Assistant, he is entitled for grant of non-functional Pay Band- III (Grade Pay 5400/-) and as such, a direction may be given upon the respondents to consider the case of the petitioner for promotion on adhoc basis to the post of under Secretary and also to grant the non-functional pay scale in Pay Band-III (Grade Pay 5400/-)