Satyanarayan Mandal vs The State of Bihar

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

Petitioner superannuated from service on 31.7.2008 as a Lecturer in +2 Government Girls High School, Dumka. He has approached this Court with a prayer that the benefits of first time bound promotion w.e.f. 1992 and A.C.P., thereafter be granted and his post retirement benefits such final pension, gratuity, arrears of pay under 6th Pay Revision and leave encashment be also paid. He has made a prayer for payment of statutory interest for certain period on the Provident Fund amount.

Petitioner''s case is that he was initially appointed on 18.3.1980 as a Assistant Teacher in the district of Madhubani and promoted in the year 1990 to the post of Lecturer. His services were allotted to the State of Jharkhand through letter dated 30.6.2006 (Annexure-1) and thereafter he joined and retired on the said post at Dumka. It is the case of the petitioner that even in the year 2008 through letter dated 20.10.2008 issued by the Deputy Director, Secondary Education, Jharkhand, the Principal of the said school was informed that the matter relating to the grant of A.C.P. would be considered on framing of the Rules of the service conditions of +2 Lecturer which was in the process. After filing of the writ petition the grievances of the petitioner have narrowed down. It is not in dispute that final pension, gratuity and arrears under 6th Pay Revision has been paid, apart from the Provident Fund amount. However, the claim for time bound promotion and/or A.C.P. has not been considered. Even as per the stand of the respondent-State through their counter affidavit filed on 6.1.2012, the rules relating to the service conditions of +2 Lecturer were under process. Learned counsel for the State has reiterated the stand taken in para 10 of the said counter affidavit that on framing of such rules petitioner can be accorded promotion as per the said rules. Statements have been made at para 7 of the said counter affidavit in relation to the payments made under different heads of provisional gratuity, provisional pension, final withdrawal of Provident Fund amount and leave encashment amount, arrears of 6th Pay Revision apart from the arrears for the period from 1997 to 1999. The affidavit filed by the respondent-Office of the Accountant General shows that pension and gratuity has been authorized and sent to the office of Accountant General, Bihar with intimation to the petitioner as well, as per Annexure-A to the counter affidavit dated 12.2.2010.

Learned counsel for the petitioner has submitted that the claim for time bound promotion and A.C.P. cannot be delayed for indefinite length of time on the pretext of finalization of rules relating to their service conditions. Therefore, the respondents may be directed to accord the said benefit to the petitioner as per the prevalent rules or to frame the rules within a stipulated time.

Considering the rival submissions of the parties and in the facts and circumstances of the case, it appears from the stand of the respondent-State as reflected through their affidavit dated 6.1.2012 that the rules relating to service conditions were under process and have not been finalized till that date. Such a stand also appears to be communicated through Annexure-7 dated 29.9.2008 bearing letter no. 2415 by the Deputy Director, Secondary Education, Jharkhand to the Principal of the said school and specifically in respect of the petitioner''s claim. However, none of the learned counsel for the parties are able to inform as to whether the said rules have been framed by now or not. In such situation, the Officials of the State Government cannot be expected to sit over the matter denying the benefit to the petitioner, which may otherwise be legitimate.

In such circumstances, for the remaining grievances of the petitioner relating to grant of time bound promotion and/or A.C.P., this Court consider it proper to direct the respondents to take a decision in that regard a per the rules applicable to the petitioner''s service in accordance with law within a reasonable time. If the rules have not yet been framed, it is expected that the respondent-H.R.D. Department would frame the rules within a reasonable time preferably within a period of 12 weeks from the date of receipt of copy of this order. It is to be observed that in the absence of the rules relating to service conditions of +2 lecturers, several such Lecturers of +2 High Schools may be having grievances in relation to different claim for time bound promotion and/or A.C.P. etc. It is in the fitness of thing that such an exercise, if not yet completed, be finalized and notified within the time prescribed herein above.

Dependent upon the decision taken in respect of petitioner''s case, any consequential benefit arising out of such grant of time bound promotion and/or A.C.P. be conferred upon him, thereafter.

The writ petition is disposed of in the aforesaid manner.