Devendra Kumar vs State Of Jharkhand And Others

Gautam Kumar Choudhary, J

Instant petition has been filed for the approval by the State (R.2-3) of the first time bound promotion granted to the petitioner from 12.10.1992 by Vinoba Bhave University, Hazaribagh, vide notification dated 05.02.2013 by Registrar of the said university along with arrear of salary and interest @ 8% from the date of promotion and other consequential benefits.

The petitioner was appointed as Clerk in Bokaro Steel City College, Bokaro on 12.10.1982. In pursuance to the decision of the promotion committee dated 06.11.2012, he was granted first time bound promotion under the relevant Rule considering the substantive date of appointment. The grievance of the petitioner was that the recommendation for promotion was not approved by the State Government.

It is submitted by the learned counsel on behalf of petitioner that the grievance has been partly redressed by the Government after Government has given concurrence to the recommendation of promotion committee and the petitioner has been granted time bound promotion as recommended by the promotion committee decision dated 06.11.2012. Only the arrear of salary pursuant to the notification is to be determined and disbursed to the petitioner.

Learned counsel on behalf of the State does not dispute the facts asserted on behalf of the petitioner.

In view of the fact that the pay fixation has been made, the lis does not survive for adjudication. However, respondent no.4 is directed to make necessary determination of the arrears of salary in the light of the notification of the State Government and make the payment within eight weeks of the order. It goes without saying that the State authority-respondent no.2 will release the allotment to the University and the same will be disbursed to the petitioner within stipulated time of eight weeks after the determination of the arrear.

The writ petition is disposed of. Interlocutory Application, if any, is disposed of.