Nagendra Paswan vs State of Jharkhand And Ors

Heard Mr. Saurabh Shekhar, learned counsel for the petitioner and Ms. Neelam Tiwary, learned counsel for the respondents-State.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

The petitioner has preferred this writ petition for direction upon the respondents to consider the case of the petitioner for promotion from the post of Sub Divisional Officer/Junior Selection Grade (Grade Pay of Rs.6600/-) to the post of Additional Collector and equivalent (Grade Pay of Rs.7600/-) w.e.f. due date or the date when the juniors have been granted promotion i.e. 11.01.2016 along with all consequential benefits like seniority and monetary. Further prayer is made for consideration of case of the petitioner for promotion from the post of Additional Collector and equivalent (Grade Pay of Rs.7600/-) to the post of Joint Secretary and equivalent (Grade Pay of Rs.8700/-) w.e.f. the due date or the date on which the juniors have been granted promotion i.e. 03.02.2020 along with all consequential benefits like seniority and monetary.

Mr. Saurabh Shekhar, learned counsel for the petitioner submits that the details of the service of the petitioner is disclosed in Para 6 of the writ petition which reads as follows:-

Sl. Nos. Date Subject Matter

1 04.01.1996 Appointment on the post of Deputy Collector.

2 24.01.1996 The petitioner gave joining at Hazaribag.

3 31.10.2011 Promotion to the post of Sub Divisional Officer (Grade Pay of Rs.6600/-).

4 02.05.2011 Departmental proceeding initiated against the petitioner.

5 17.12.2012 Punishment of censure and stoppage of four annual increments with cumulative effect.

6 17.12.2015 The petitioner preferred appeal against punishment order.

7 04.01.2016 Departmental Promotion Committee Meeting held for promotion from the post of Sub Divisional Officer to Additional Collector, but his case was not considered due to punishment order and its continue effect

8 11.01.2016 Juniors granted promotion to the post of Additional Collector, for example on Shri Prabhat Kumar Bardiyar in the same category (at serial no.21 of the notification and candidates thereafter).

9 23.03.2016 Appellate order to the punishment order dated 17.12.2012, punishment reduced to stoppage of two annual increments with non-cumulative effect.

10 29.03.2016 The petitioner moved representation immediately.

11 03.02.2020 Juniors to the petitioner granted promotion to the rank of Joint Secretary, for example Shri Prabhat Kumar Bardiyar at serial no.15 in the same category.

Learned counsel for the petitioner submits that the juniors to the petitioner have been promoted but the case of the petitioner has not been considered. He further submits that similar identical matters have already been disposed of by this Court with direction to consider the case of the petitioner of those cases for promotion which has been considered by the Government and they have been granted promotion. He further submits that he has annexed his representation in this writ petition as Annexure-7. He also submits that respondents may kindly be directed to consider the case of the petitioner. Mr. Shekhar, learned counsel for petitioner submits that the petitioner was once punished whereby four increments were directed to be withheld and now the effect of that order has lost its force. He further submits that in an appeal that punishment was converted and reduced to stoppage of two annual increments with non-cumulative effect. The said orders have already lost its force.

Ms. Neelam Tiwari, Sr. S.C. II submits that the case of the petitioner shall be considered by the respondent authority in the light of other cases and they will take a decision in accordance with rules, regulations and guidelines.

In view of above facts and circumstances, petitioner is directed to file fresh representation before respondent no.2 within a period of three weeks. If such representation is filed within the aforesaid period, the respondent no.2 shall take a decision within a period of eight weeks in accordance with rules, regulations and guidelines and precedents.

With the above observations and directions, this writ petition is disposed of.