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2025 DAILYLAW 17418 (JHR)

POORNACHANDRA CHAND v. THE STATE OF JHARKHAND

WPC/3298/2025 · 2025-07-16

Deepak Roshan

body2025

Judgment text

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2025:JHHC:19464 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 3298 of 2025 ---------- Poornachandra Chand, son of Hari Kinkar Chand, resident of Vivekanand Path, Rasikpur, near Allahabad Bank, Sonwa Dangal, P.O., P.S. and District Dumka. ………. Petitioner Versus 1. The State of Jharkhand. 2. Secretary, School Education & Literacy Department, Government of Jharkhand, Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi. 3. Director, Primary Education Directorate, School Education & Literacy Department, Government of Jharkhand, Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi. 4. District Superintendent of Education, Sahebganj, P.O. and P.S. Sahebganj, District Sahebganj. 5. District Education Officer, Sahebganj, P.O. and P.S. Sahebganj, District Sahebganj. 6. Accountant General, Jharkhand, Ranchi, having its office at A.G. More, Doranda, P.O. & P.S. Doranda, District Ranchi ………. Respondents. ---------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioner : Mr. Amit Kumar Sinha, Advocate For the State : Mr. Vishal Kr. Rai, Advocate For the A.G. : Ms. Richa Sanchita, Advocate Ms. Risheeta Singh, Advocate ---------- 02/ 16.07.2025 The instant application has been preferred by the petitioner for following reliefs: (A) For issuance of appropriate writ(s), direction(s) and/or order(s) upon the concerned respondents to grant promotion to the present petitioner in the revised scale of Rs.9300-34800/- with effect from 15.11.2000. (B) For issuance of appropriate writ(s), direction(s) and/or order(s) upon the concerned respondents for release of arrears of salary in the light of revised scale from 15.11.2000 till the date of his retirement i.e. 31.01.2007. (C) For issuance of appropriate writ(s), direction(s) and/or order(s) upon the concerned respondents for fresh fixation of pension and its revision in the light of the last pay certificate pursuant to the promotion granted to the present petitioner on 15.11.2000. (D) For issuance of appropriate writ(s), direction(s) and/or order (s) upon the concerned respondents for payment of revised pension from the date of retirement and arrears of revised pension from 31.01.2007 till today after its revision pursuant to the fresh last pay certificate revised in the light of promotion granted on 15.11.2000. 2025:JHHC:19464 2 2. Learned counsel for the petitioner submits that the petitioner is fully entitled for promotion with effect from the date juniors to him have been given promotion. He further submits that though petitioner is entitled for the benefits as claimed in the instant writ application but the same has not yet been considered. As such, at this stage it would suffice to direct the concerned respondents to consider the case of petitioner by taking an appropriate decision. 3. Since counter-affidavit has not been filed, learned counsel for the respondents submits that the petitioner may be directed to file fresh representation before the respondent No. 2, who shall decide the case in accordance with law. 4. Having heard the fair submissions of learned counsel for the parties and looking to the facts and circumstances of the case, the instant writ application is hereby disposed of by directing the petitioner to file fresh representation before the respondent No. 2. The moment the concerned respondent will receive any such representation; he shall take decision in accordance with law and applicable rules and regulations within a period of three months from the date of receipt of such representation. 5. It goes without saying that if the decision is taken in favour of the petitioner, the benefits for which the petitioner is entitled for; shall be extended to him within a further period of eight weeks. 6. As a result, the instant writ application stands disposed of. (Deepak Roshan, J.) kunal/-