SITAL PRASAD MANDAL AND ANR. Vs. STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2011-7-191
HIGH COURT OF JHARKHAND
Decided on July 12,2011

Sital Prasad Mandal And Anr. Appellant
VERSUS
State Of Jharkhand And Ors. Respondents

JUDGEMENT

Narendra Nath Tiwari, J. - (1.) IN this writ petition, the Petitioners have prayed for a direction on the Respondents to give time bound promotion and senior pay scale to the Petitioners from the date of their appointment pursuant to Notification No. 300 dated 1st June, 1999 issued by the Government.
(2.) IT has been stated that the Petitioners have completed more than 28 years of service. They are entitled to get senior pay scale from the date of their appointment. After rendering 10/20 years of service, they are also entitled to get time bound promotion, but neither the senior pay scale was granted nor time bound promotion was given to the Petitioners. In the meanwhile, the Petitioner No. 1 retired from service in February, 2011. After his retirement, the said Petitioner is entitled to get all the service terminal benefits as well as retiral benefits, but in spite of his repeated request and representations, the benefit of senior pay scale has not been paid and time bound promotion which the Petitioner is entitled to get during service period has not been given to him. The Petitioner No. 1, after his retirement, is now also entitled for revision of his pension and to get the monetary benefits of the arrears of difference of pay and pension including other retiral dues. 3. Learned J.C. to Sr. S.C.I, appearing on behalf of the Respondents, submitted that the District Education Officer, Dumka is the competent authority to consider the Petitioners' claim and pass appropriate order and if the Petitioners' representation is still pending or if they file a fresh representation before the said authority, the same shall be considered and appropriate order shall be passed.
(3.) CONSIDERING the said submissions, this writ petition is disposed of, giving liberty to the Petitioners to file a fresh representation before the District Education Officer, Dumka Respondent No. 5. On receipt of the representation, the said Respondent shall consider the same and pass appropriate order, in accordance with law, within a period of two months from the date of receipt of the representation. If the Petitioners are found entitled to get one or the other claim(s), admitted monetary benefit(s) thereof shall be paid to them within two months thereafter. If the admitted amount(s) found payable to the Petitioners is/are not paid within the said period, they shall be entitled to get interest @ 10% per annum till final payment.;


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