SANJIV KUMARAND ORS vs STATE OF JHARKHAND & ORS

In the instant writ petition, petitioners have prayed for issuance of appropriate directions upon the respondents to reckon their seniority from the date

of their respective appointments and not from the date of passing their training, as has been allowed and decided by this Court in W.P.(S) No. 4235 of

2004 and the same has already been upheld in L.P.A. No. 319 of 2008 and further in S.L.P.(Civil) No. 5520-5522/2013.

At the very outset, Mr. Rahul Kumar, learned counsel appearing on behalf of the petitioners submits that petitioners had been appointed upon the

recommendation of the District Compassionate Establishment Committee on sanctioned and vacant post and there had been no legal impediment with

respect to their appointment where they had continued uninterruptedly and continuously. Petitioners, while being in service, had augmented their

career after taking due permission. They have also undergone and passed inservice Teachers' Training Examination. Learned counsel for the

petitioner further submits that in view of Circular/Letter of the Government, dated 11.11.1975, seniority of a Teacher shall not be affected in any

manner by not passing or not undergoing basic training and hence, petitioners are entitled for recknoing their seniority from the date of their joining and

not from the date of their passing the Teachers' Training Examination. Learned counsel further submits that due to wrong stand of the respondents

regarding counting of seniority, petitioners and several others who had completed requisite length of service and are eligible, are not being promoted in

appropriate scale. Summing up this arguments, learned counsel for the petitioners submits that this case is squarely covered by order passed in W.P.

(S) No. 502 of 2016 and other analogous cases and W.P.(S) No. 67 of 2016 as facts of the present case and those cases are same and similar and as

such, this writ petition may be disposed of in light of the order passed in those writ petitions.Â

Mr. Amit Kumar Verma, AC to learned SC (L &C) does not object to the submission advanced by learned counsel for the petitioners.

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 and W.P.(S) No. 67 of 2016 . The case of

the petitioners 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 petitioners are entitled for promotions to Grade-I scale and further to subsequent grades as applicable to individual petitioners

with all consequential benefits from the date of their initial appointment. Since the respondents have already taken into consideration the cases of the

petitioners 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 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.

As a cumulative effect of the aforesaid rules, guidelines and legal propositions, I hereby direct the respondents to consider cases of the petitioners 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. Needless to say, respondents may consider individual cases of the petitioners as per their facts and

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

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