Ramashraya Singh vs The State of Jharkhand and Others

Aparesh Kumar Singh, J.—Heard learned counsel for the parties.

The petitioner herein is said to have been appointed as Matric Trained Teacher in Government Basic School on 27th November, 1972 in Hazaribagh district, claiming that his services were confirmed vide letter dated 13 July, 1987 issued by District Education Officer, Hazaribagh, Annexure-1.

According to the petitioner, he was granted B.A. Trained scale in the year 1982 w.e.f. 1st April, 1980 and subsequently was given senior selection grade as per decision of the Promotion Committee w.e.f. 8th October, 1993. He was also promoted to the post of Block Education Extension Officer vide office order dated 31st December, 1996, Annexure-3. The petitioner is said to have superannuated on 31st January, 2008 and no proceedings were initiated against him during his service career. According to the petitioner, the respondents have not granted him any benefits of A.C.P. in his service period, therefore, he has approached this Court after filing the representation before the respondents vide Annexure-7 series, but without any avail. He is also said to have passed departmental exam of Hindi Noting and Drafting in the year 1990. The grant of A.C.P. was not considered due to non-availability of confidential report which has however been made available later on.

No counter affidavit has been filed in the matter though the matter is pending since June, 2013.

Learned counsel for the Respondent-State submits that if the petitioner approaches the competent authority under the respondent department his grievances can be looked into in accordance with law after due verification of the relevant service records of the petitioner.

Having regard to the aforesaid facts and circumstances, without making any comments upon the petitioner''s claim, at this stage, the writ petition is being disposed of in the following manner:

Let the petitioner approach before the respondent no. 3, Director, Primary Education, Human Resources Department, Ranchi for redressal of his aforesaid grievances with a fresh representation duly completed with all necessary facts and documents along with a copy of writ petition within a period of 3 weeks. On receipt of such representation, the respondent no. 3, Director, Primary Education, Human Resources Department, Ranchi, shall consider the petitioner''s claim in accordance with law, if necessary after placing the matter before the department screening committee constituted for the purpose of grant of A.C.P. and take a decision thereupon within a period of 12 weeks thereafter, which shall also be communicated to the petitioner. Needless to say that if the claim of the petitioner is found to be genuine, the consequential benefits arising out of such grant of A.C.P. be also given to him thereafter.

Accordingly, the writ petition stands disposed of.