IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P ( S ) No. 6668 of 2007
1.
Umesh Pandey;
2. Jitendra Kumar Sinha;
3. Amar Nath Chaudhary;
4. Prakash Kumar .... Petitioners
Versus
1. State of Jharkhand
2. Principal Secretary, Human Resources Development
Department, Government of Jharkhand, Ranchi;
3. Director ( Madhyamik) Human Resources Development
Department, Government of Jharkhand, Ranchi;
4. Regional Deputy Director of Education,
South Chotanagpur, Ranchi;
5. District Superintendent of Education, Ranchi… Respondents
Coram : HON’BLE MR. JUSTICE D.G.R. PATNAIK.
For the petitioner(s) : Mr. Rajesh Kumar
For the opposite party/ respondents : JC to SC II
07.09. 2009 Heard the learned counsel for the petitioners
and the learned counsel for the State.
Prayer in this application is for direction upon
the respondents to grant exemption to the petitioners from passing
the departmental examination and also to grant them benefits of ACP
after granting exemption.
Main ground on which the petitioners have prayed
for the reliefs is as follows :
(i) ever since after creation of the State of Jharkhand,
no departmental examination has been conducted
to enable the petitioners to appear at such
examination and qualify in the same;
(ii) the benefits of exemption in the departmental
examination in the same department has been
extended to other class I and II employees pursuant
to the order passed in CWJC No. 1198 of 1999;
(iii) The case of the petitioners stands on same footing
as that of the persons who have been granted
exemption.
2
No counter affidavit has been filed on behalf of the
respondent State although counsel for the respondents is present.
From annexure- 3 to the writ petition, it appears
that exemption from passing the departmental examination has
been granted to other employees and the benefits of promotion/ACP
have been extended to them. It is also a fact that the Department
concerned has not conducted the departmental examination ever
since after the creation of the State of Jharkhand as stated by the
petitioners and further considering the fact that the petitioners’
representation claiming for exemption and promotion as given to
other employees, has not been disposed of by the respondent
authorities, this application is disposed of with a liberty to the
petitioners to file a representation within ten days from the date of
receipt of a copy of this order and the concerned authorities of the
respondents shall consider the claim of the petitioners in the light of
the grounds pleaded in the writ petition and take an appropriate
decision within two months from the date of receipt of the
representation, by passing a reasoned and speaking order after
taking into consideration the ratio decided in the aforesaid CWJC No.
1198 of 1999 and communicate such decision effectively to the
petitioners. If the petitioners are found eligible for the reliefs claimed
and if such decision is taken to grant relief to the petitioners, then the
respondents shall ensure that all consequential benefits thereof
including the claim of ACP is also considered and an appropriate
order is passed accordingly, within two months, the stipulated
period.
With the above observations, this application is
disposed of.
Let a copy of this order be given to the learned
counsel for the respondents.
Ambastha/ ( DGR Patnaik, J ).