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2025 DAILYLAW 28081 (JHR)

MAHESHWAR RANA v. THE STATE OF JHARKHAND

WPC/1798/2025 · 2025-07-30

Deepak Roshan

body2025

Judgment text

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2025:JHHC:21112 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1798 of 2025 Maheshwar Rana, aged about 67 years, son of Late Mantu Rana, resident of village-Dhawatanr, PO-Kunanhat, PS-Hanshdiha, Dist-Dumka, Jharkhand ... … Petitioner(s) Versus 1. The State of Jharkhand. 2. Secretary, Department of School Education and Literacy, Government of Jharkhand having its office at Project Building, Dhurwa, PO+PS- Dhurwa, District-Ranchi, Jharkhand 3.Commissioner, Santhal Pargana Division, Dumka, PO+PS-Dumka, Dist- Dumka, Jharkhand 4. District Superintendent of Education, Dumka, PO+PS-Dumka, Dist- Dumka, Jharkhand. … … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) :Mr. Rajeeva Sharma, Sr. Advocate Mr. Om Prakash, Advocate For the Respondent(s) :Mr. Baibhaw Gahlaut, Advocate -------- Order No.06 /Dated: 30th July 2025 The instant writ application has been preferred by the petitioner for the following reliefs: “I. For quashing the Office order dated 25.07.2017 (Annexure-1) issued by the District Superintendent of Education, Dumka in so far as the petitioner is concerned whereby this petitioner has been granted promotion in Grade- IV to the pay scale of Trained Graduate Teacher from 01.04.2016 making the same effective from the date of joining the Madhya Vidyalay, Chihuntia, Saraiyahat. II. Upon quashing that order be pleased further to direct the respondents to grant the petitioner the promotion in the pay scale of Trained Graduate Teacher (Grade-IV) with effect from 01.03.1986 and further be pleased to direct the respondents to grant promotion to the petitioner in the pay scale of Head Master (Grade VII) with effect from 01.03.1987 in view of the fact that one Shri Suresh Prasad Bhagat, junior to the petitioner as per the gradation list been granted promotion in the pay scale of Trained Graduate Teacher (Grade-IV) w.e.f. 01.04.1985 and was further granted promotion in the pay scale of Headmaster (Grade-VII) w.e.f. 16.03.1996 vide Letter No. 2380 dated 26.08.2013. III. Further for a direction upon the respondents to grant all consequential benefits to the petitioner consequent to promotion in the pay scale of Trained Graduate (Grade-IV) Teacher with effect from 01.03.1986 and on the pay scale of Head Master (Grade-VII) from 01.03.1987. IV. And for issuance of any appropriate writ/order/direction for any other relief (s).” 2025:JHHC:21112 2 2. During course of argument, it transpires that the petitioner had filed a writ petition earlier for the said same relief which was dismissed. Thereafter, a review petition was preferred and the same was withdrawn with liberty to prefer representation before the appropriate authority/forum. 3. Learned Sr. Counsel fairly submits that before submission of any representation, the petitioner filed this writ application and subsequently during pendency of this writ application, the petitioner had filed a representation before the concerned respondent. Accordingly, he submits that the respondents may be directed to look into the matter and take an appropriate decision in accordance with law and applicable rules and regulations and the judgment relied upon by the petitioner. 4. Learned counsel for the respondents submits that this writ application is not maintainable in view of the fact that for same said relief a writ application was filed which went up till LPA Court and ultimately review petition was filed which was withdrawn with liberty to the petitioner, if so advised, he may approach the concerned respondent. 5. Having regard to the aforesaid facts and circumstances of the case, without giving any opinion on the office order dated 25.07.2017 (Annexure-1 to the writ application), the instant writ application is hereby disposed by giving liberty to the petitioner to file a fresh representation before the 4th Respondent along with all relevant documents within a period of four weeks. if any such representation is preferred within the aforesaid stipulated period, then the concerned respondent shall look into the matter and after verification of record take a decision by passing a reasoned and speaking order within a period of 12 weeks from the date of receipt of such representation and the same shall be communicated to the petitioner. If the reasoned order would be in favour of the petitioner, then consequential order shall be issued within a further period of two weeks. (Deepak Roshan, J.) Amit