Sri Basudev Mandal vs State Of Jharkhand `

Deepak Roshan, J

Heard learned counsel for the parties.

The instant writ application has been preferred by the petitioner praying for direction upon the respondent-authorities to consider the case of the petitioner for his regular promotion on the vacant post in Grade-VII (post of Headmaster) with all consequential benefit from the date the petitioner became eligible for the said promotion as per the Elementary School Teachers Promotion Rules, 1993 taking final decision on the representation filed by the petitioner.

Learned counsel for the petitioner submits that out of 137 vacant posts for the Headmaster, the same has not been filled-up by any candidate, as such the respondents be directed to take a decision. He lastly submits that in spite of several representations coupled with the fact that the petitioner is working as In-charge Headmaster; his case for promotion may be considered in accordance with law.

Learned counsel for the respondents submits that since no counter-affidavit has been filed, the petitioner may be directed to file a fresh representation and the same will be decided in accordance with law.

Having regard to the limited submission of learned counsel for the parties, the instant writ application is hereby disposed of by directing the respondent no. 5 to treat this writ application as representation and pass a reasoned order in accordance with law and as per the applicable rules and regulation within a period of 12 weeks from the date of receipt/production of copy of this order. The petitioner would be at liberty to serve the copy of the instant writ application to the respondent no.5 at the earliest.

Accordingly, the instant writ application stands disposed of.