IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 347 of 2005
1. Manglanand Marik
2. Dip Narayan Mahamarik
3. Shiv Narayan Modi
4. Dhaneshwar Pandit
5. Dhaneshwar Prasad Pandit Petitioners
Versus
1.The State of Jharkhand
2.The Deputy Commissioner, Santhal Pargana, Dumka
3.The Director, Primary Education, Jharkhand
4.The Regional Deputy Director of Education, Dumka
5.The District Superintendent of Education, Godda
6.The District Education Officer, Godda Respondents
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CORAM: The Hon'ble Mr. Justice D.G.R. Patnaik
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For the Petitioner: Mrs. J. Mazumdar, Advocate
For the Respondents: JC to Sr. SC-I
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6. 21.08.2009
The petitioners, who were originally appointed as Assistant Teachers,
have filed this writ application with a prayer for directing the respondents to
consider the cases of the petitioners for their promotion, on the ground that the
petitioners being Senior Assistant Teachers and who are entitled to grant of
promotion, have been illegally denied the benefits thereof, whereas the Assistant
Teachers, who were appointed subsequent to the date of the petitioners’
appointment, have been extended this benefit.
2. Heard learned counsel for the petitioners and the learned counsel for the
respondent State.
3. The petitioners while referring to specific instances including the case of
one Gopi Krishna Jha, have stated that the aforesaid teacher and similar other
teachers who were junior to them, have been granted the benefit of promotion.
4. A counter-affidavit has been filed on behalf of the respondents and a
supplementary counter-affidavit has also been filed. The respondents in the
supplementary counter-affidavit, have acknowledged that promotion has been
granted to Gopi Krishna Jha in the B.A. Trained Scale, but it was only in
pursuance to the order dated 8.6.2001 passed by this court in W.P.(S) No. 2296 of
2001, filed by the said teacher.
The claim of the petitioners that the they were appointed much prior to the
appointment of Gopi Krishna Jha, has not been denied or disputed by the
respondents.
It appears from the pleadings and the admitted facts that the petitioners
have acquired eligibility for being promoted to the B.A. Trained Scale in between
the years 1986 to 1987. It further appears that some teacher including one Gopi
Krishna Jha, who were appointed much later than the date of petitioners’
appointment, have been granted promotion to the B.A. Trained Scale. There is no
reason explained as to why the petitioners should be denied the benefit of such
promotion.
5. Considering the aforesaid facts and circumstances, the case of the
petitioners is remitted to the Regional Deputy Director of Education, Dumka
(Respondent No. 4), before whom, the petitioners shall file their respective
representations, within 10 days from the date of this order and the Respondent
No. 4 shall, within two months from the date of receipt of the representation, take
an appropriate decision by passing a reasoned and speaking order for grant of
promotion to the petitioners in the same terms as extended to the other teachers
junior to the petitioners including one Gopi Krishna Jha.
With these observations, this writ application is disposed of.
Let a copy of this order be given to the learned counsel for the respondent
State.
(D.G.R. Patnaik, J)
Ranjeet/