Ashok Kumar Patel vs State Of Jharkhand

Ananda Sen, J

Heard learned counsel representing the petitioner and learned counsel representing the respondents.

In this writ petition, the petitioner is praying for grant of Grade-I scale from the date of his joining and further Grade-IV, Grade-V and Grade-VI after completion of more than 34 years of service.

Learned counsel representing the petitioner submits that since now the petitioner has superannuated, only his pay scale will increase if the said benefit is granted and consequently his retiral benefits will increase. He submits that the respondents be directed to take a decision considering the Gradation List prepared for Grade-III promotion and other Rules and Circulars prevalent on the issue.

Learned counsel representing the respondents submits that first it has to be decided whether the petitioner is entitled for the benefit as claimed or not. He submits that if the petitioner files

a fresh representation along with all the documents and circulars, which he is relying upon and the gradation list, his case can be considered and an appropriate order can be passed.

Considering the aforesaid submission, I direct the petitioner to file a detailed representation annexing all the documents which the petitioner is possessing and which as per the petitioner are in support of claim of the petitioner. The representation should be filed before respondent No.3 – The Deputy Commissioner, West Singhbhum, within four weeks from today.

On receipt of such representation, the respondent No.3 will consider the case of the petitioner within six weeks, and if it is found necessary, the matter be placed before the Establishment Committee, who will consider the case of the petitioner strictly as per law and in terms of the seniority list and the gradation list.

If it is found that the petitioner is found entitle for any relief including the consequential benefits, the same should be extended to him immediately and if the claim of the petitioner is rejected for any reason, the reasons thereof should be communicated to him.

The entire process should be concluded within a period of twelve weeks from the date of receipt of copy of this order along with the representation filed by the petitioner.

With the aforesaid directions, this writ petition stands disposed of.

Pending interlocutory application also stands disposed of accordingly.