S.N. Pathak, J. - (1.) Heard the parties.
(2.) Petitioners have approached this Court with a prayer for a direction upon the respondents to grant grade-4 promotion from the date of their promotion i.e. 15.09.2002 and 03.10.2002 and further monetary benefits from the date of their promotion and not from the date of joining. Further prayer has been made for quashing the order issued under Memo No. 273, dated 08.04.2017 (Annexure10), whereby respondents have rectified promotion order granted to the petitioners.
(3.) Shorn of unnecessary details, the brief facts of the case is that the petitioners were appointed as Assistant Teachers in the Elementary Schools of the State of Jharkhand. The petitioner nos. 1 and 2 were granted Grade-4 with effect from 15.09.2002 and petitioner no. 3 with effect from 03.10.2002. It is the case of the petitioners that despite their requests, the petitioners along with others were not granted promotions in Grade-I scales w.e.f. the date of their respective appointment. As such, similarly situated persons moved before the Hon'ble High Court for grant of Grade-1 scale from the date of their appointment and the Hon'ble High Court in case of Arun Sinha Vs. State of Jharkhand & Ors., W.P.(S). No. 638 of 2006, passed order on 04.04.2008, holding therein that, "the petitioners, who were untrained are also entitled for grant of Grade-I scale from the date of their appointments, if they undergone/ completed training during the course of their employment." Against the said order, the State had filed L.P.A. No. 214/2008 which has been dismissed by the Division Bench holding that such persons like the petitioners were entitled for grant of Grade-I Scale from the date of their respective appointments. Thereafter, the State also preferred S.L.P. (Civil) Nos. 5520-5522 of 2013 before the Hon'ble Supreme Court which also stood dismissed by order dated 08.03.2013 and as such, the judgment passed in Arun Sinha's case had attained its finality. Inspite of the orders passed by the Hon'ble Supreme Court, when the petitioners of the aforesaid cases were not granted the benefits, they represented before the respondents for extending them the benefits as prayed for in the aforesaid writ petition but the respondents had not taken any decision and as such, the petitioners filed W.P.(S). No. 5746 of 2014 (Annexure5/A) and the Hon'ble Court vide its order dated 06.04.2015 disposed of the said writ petition holding therein that, "writ petition is being disposed of by directing the respondent No. 6, the Deputy Commissioner, Khunti and respondent No. 7 (D.S.E. Khunti), to arrive at an infirm decision in the matter in respect of other outstanding claim of the petitioners for promotion in Grade-IV within a reasonable time, preferably within a period of 10 weeks from the date of receipt of a copy of this order." In compliance of the order passed by this Court, petitioners were granted Grade-4 promotion from 15.09.2002, 15.09.2002 and 03.10.2002 respectively. In view of the orders passed by the Hon'ble Court, the respondents vide their memo no. 1427, dated 02.11.2016 have granted Grade-IV promotion w.e.f. 2002 but the monetary benefits of the said promotion has not been granted and it is indicated in the said order that monetary benefits shall be given from the date of joining to the said promotional posts and joining in the school. It is the specific case of the petitioners that due to the laches on the part of the respondents, the promotions were granted in the year 2016 though it was fallen due w.e.f. 2002. The petitioners represented several times for grant of the said promotion as well as payment of the consequential monetary benefits with effect from the due date but the respondents have not passed any orders on their representations and as such, the petitioners have knocked the door of this Hon'ble Court for redressal of their grievances.;