KHETRO MOHAN PINGUA vs STATE OF JHARKHAND

Heard learned counsel for the parties.Â

Petitioner has filed the instant writ petition with a prayer for a direction upon the respondents to grant him Grade-II scale on completion of 12 years' of

satisfactory service from 22.03.1986 and thereafter, to grant subsequent grades including Grade-IV Scale. Further prayer has been made for a

direction upon the respondents to extend the benefits of Resolution as contained in Memo No. 3027, dated 14.12.2015 to the petitioner. Petitioner has

further prayed for fixation of his pension on enhanced pay scale upon granting the aforesaid promotion and further to disburse the arrears of salary

and difference of arrears of pension accrued after granting aforesaid promotions along with statutory interest as applicable under the law and to count

seniority from the date of his initial joining. Â

Facts of the case in brief is that the petitioner was appointed as an Assistant Teacher and he joined the service on 22.03.1986, obtained Teacher's

Training Degree from Primary

Teachers' Training College, Chainpur, West Singhbhum as in-service candidate and was granted higher scale from initial date of his joining i.e.

22.03.1986. After attaining the age of superannuation, he was superannuated from service on 31.01.2017. The grievance of the petitioner is that he

has not been granted the Grade-II Scale on completion of 12 years' of satisfactory service i.e. from the date of his joining and thereafter, further

grades as per existing Promotion Rules, 1993.

Mr. M.M. Sharma, learned counsel appearing on behalf of the petitioner very fairly submits that this writ petition may be disposed of in light of order

passed in W.P.(S) No. 502 of 2016 and other analogus cases.Â

Ms. Kanchan Kumari, AC to learned AAG does not object the submission of learned counsel for the petitioner.Â

 In view of submission of counsel for the parties, it appears that the issues involved in the instant writ petition is no more resintegra and as such, the

same is being disposed of in light of order passed in W.P.(S) No. 502 of 2016 and other analogous cases. The case of the petitioner needs

consideration. Since law is well settled and issue is no more res-integra that seniority will be counted from the date of initial appointment and not from

the date of completion of training and while considering promotion to Grade-I and to subsequent Grades, the same ratio applies. Therefore, the

petitioner is entitled for promotions to Grade-I scale and further to subsequent grades as applicable to individual petitioner with all consequential

benefits from the date of their initial appointment. Since the respondents have already taken into consideration the cases of the petitioner and have

admitted in W.P.(S) No. 502 of 2016 and other analogous cases that the benefits of Resolution dated 14.12.2015 can be extended to all the petitioners

and other similarly situated employees, including the compassionate appointee, no fresh direction is required to be issued. After following all the

procedures regarding the concurrence of Finance Department and approval of the Cabinet, let a final order be passed for consideration of cases of the

petitioners in view of Resolution dated 14.12.2015.Â

As a cumulative effect of the aforesaid rules, guidelines and legal propositions, I hereby direct the respondents to consider cases of the petitioner and

to pass a reasoned order regarding their promotions and other consequential benefits, in accordance with law, within a period of 12 weeks from the

date of receipt/ production of a copy of this order in light of the order passed by this Court in W.P.(S) No. 502 of 2016 and other analogous cases

(Annexure-9 to the writ petition). Needless to say, respondents may consider case of the petitioner as per facts involved therein and pass a reasoned

order in accordance with law, within a stipulated period, as mentioned above.Â

With the aforesaid observations and directions, this writ petition stands disposed of.Â