CHANDRASHEKHAR PRASAD, SON OF MAHABIR RAM Vs. STATE OF JHARKHAND THROUGH SECRETARYLABIC
LAWS(JHAR)-2018-12-99
HIGH COURT OF JHARKHAND
Decided on December 20,2018

Chandrashekhar Prasad, Son Of Mahabir Ram Appellant
VERSUS
State Of Jharkhand Through Secretarylabic Respondents

JUDGEMENT

Sujit Narayan Prasad, J. - (1.) This writ petition has been preferred with a prayer to grant promotion to the petitioner to Grade-IV since according to the petitioner he has become eligible for consideration of his case for promotion to Grade-IV, but decision has not yet been taken, even though after pronouncement of the judgment by this Court in W.P.(S) No.638 of 2006 (Arun Sinha & Others Vrs. State of Jharkhand and Others). There is no dispute now in counting the seniority since in that case it has been decided that the seniority of all the appointees would be counted from the date of initial appointment.
(2.) Mr. Vishal Kumar Tiwary, learned counsel appearing for the petitioner has referred to para 12 of the counter affidavit wherein it has been stated by the State-authority that for promotion in higher cadre, a gradation list of all the teachers working in different grade is under preparation and after finalisation of grade, proper decision to the promotion of teachers working in different grade shall be taken, as per the Bihar Taken Over Elementary School Teachers Promotion Rule, 1993. He further submits that the aforesaid affidavit has been filed by the respondent way back on 6th February, 2017 but even after lapse of substantial period of two years, no decision has yet been taken as stipulated in para 12 of the counter affidavit, therefore, appropriate direction has been sought to be issued upon the State-respondent to complete the exercise within a reasonable period so that the candidature of petitioners along with others may be assessed for their promotion in Grade-IV in accordance with the provision of Rule, 1993.
(3.) Learned counsel for the State-respondent has fairly submitted that the writ petition may be disposed of by directing the competent authority to complete the exercise within a reasonable period.;


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