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2025 DAILYLAW 34533 (JHR)

Nimai Chandra Dey v. Human Resources Department

WPC/3867/2017 · 2025-10-07

Deepak Roshan

body2025

Judgment text

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2025:JHHC:31534 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3867 of 2017 -- Nimai Chandra Dey, son of Late Sailendra Nath Dey, Retired Head Master Incharge Middle School, Tumangdungri, Ghatsila, resident of Raj Estate, Ghatsila, P.O. and P.S. Ghatsila, District Singhbhum (East) Jharkhand. ....Petitioner Versus (1) State of Jharkhand through Secretary, Department of Human Resources Development, Govt. of Jharkhand, Project Building. P.O. and P.S. Dhurwa, District Ranchi. (2) Deputy Commissioner cum Chairman, District Establishment Committee, East Singhbhum, Jamshedpur, at and P.O. Jamshedpur District Singhbhum (East). (3) Deputy Development Commissioner cum Member, District Establishment Committee, Jamshedpur, at, P.O. and P.S. Jamshedpur, District Singhbhum (East). (4) District Superintendent of Education cum Member Secretary, District Establishment Committee, Jamshedpur Singhbhum East, P.O. and P.S. Jamshedpur, District Singhbhum (East). (5) District Education Officer cum Member, District Establishment Committee, Jamshedpur, Singhbhum East, at, P.O. and P.S. Jamshedpur, District Singhbhum (East) ......Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner(s) : M/s. Prabhash Kumar, Ganesh Ram, Advocates For the Respondents : Mr. K.K. Singh, S.C.-V -- 06/07.10.2025 Heard learned counsel for the parties. 2. The instant application has been preferred by the Petitioner for the following reliefs: For a direction upon the respondents concerned to immediately and forthwith grant promotion to the petitioner on the post of Headmaster w.e.f. 28.01.2017 in Jharkhand Rajyakrit Prarambhik Vidyalaya in view of said rules on account of the 2025:JHHC:31534 2 fact that District Establishment Committee in its meeting held on 28.01.2017 under the Chairmanship of Deputy Commissioner cum Chairman, Singhbhum East has granted promotion of certain teachers on the post of Headmaster who are junior to the petitioner in gradation list and although the petitioner is senior to them but he has not been granted promotion on the post of Headmaster and he has been deprived of his lawful and legitimate dues and subsequent to grant of Petitioner's promotion on the post of Headmaster and further Respondents may be directed to pay all arrear/difference of salary after making pay fixation of petitioner in the enhanced pay scale, grade pay of Headmaster and to make payment of all post retiral dues on the basis of such pay fixation since petitioner has already superannuated on 31.01.2017 and to grant all consequential reliefs to the Petitioner. 3. At the outset, learned counsel for the Petitioner submits that due to efflux of time the Petitioner has now retired; as such, interest of justice would be sufficed by granting liberty to the Petitioner to approach the concerned respondent with regard to his case for promotion on the post of Headmaster. 4. Learned counsel for the Respondents submits that the Petitioner has now retired; as such, the prayer of promotion has now become infructuous; however, if the petitioner so chooses, he may approach the respondent no. 4 with all relevant documents and judgments and looking to the supplementary affidavit and also the office order dated 05.09.2024 which is issued in favour of the petitioner. 5. Having regard to the aforesaid facts and circumstances of the case, interest of justice would be sufficed by giving liberty to the petitioner to approach the respondent no. 4 by filing a detailed representation with regard to his case for promotion on the post of Headmaster. If any such representation is received by the 2025:JHHC:31534 3 respondent no. 4, he shall look into the matter and take a decision with regard to the claim of the petitioner’s promotion on the post of Headmaster within a period of 16 weeks. It goes without saying that if at all there would be any legitimate financial benefit for which the petitioner would be entitled, the same shall also be given to him within the aforesaid stipulated period. 6. With the aforesaid observation/direction, the instant writ application stands disposed of. (Deepak Roshan, J.) 7th October, 2025 Jk Uploaded on 4/11/2025