State Of Jharkhand vs Ram Chandra Das

Shree Chandrashekhar, A.C.J

I.A No.4559 of 2024

The State of Jharkhand is aggrieved by the order passed in W.P(S) No.2143 of 2022, albeit unnecessarily.

To begin with, this Letters Patent Appeal has been filed with a delay of 1267 days and seeking condonation of delay of the aforesaid period I.A No.4559 of 2024 has been filed.

The writ petitioner who was appointed in the year 1961 in the office of anti-Malaria Officer, Banka was granted promotion to the post of Non-Medical Assistant in the pay-scale of Rs.279-350/-. This is not necessary to give a description of the career records of the writ petitioner and suffice it would be to mention that he superannuated from service with effect from 30th April 1999. But for more than two years he was not paid the retiral benefits and he had to approach this Court in W.P(S) No.3320 of 2002. As it would appear from the stand taken by the State of Jharkhand which is recorded in paragraph no.5 of the order dated 28th November 2023, a statement was made before the writ Court that the writ petitioner was granted pay-scale of Rs.1400-2600/- in compliance of the order passed in Civil Review No.120 of 2002.

Having regard to the stand taken by the State of Jharkhand, the writ Court made the following observations:

“6. Be that as it may, having heard the learned counsel for the parties and upon perusal of the record, it appears that the petitioner is not claiming arrears of salary on the promotional post. The petitioner is only claiming for pay revision on the promoted post i.e. in the pay scale of 1400-2600. This Court was very much aware at the time of passing of the order in Civil Review No. 120 of 2002 that the petitioner had already superannuated in the year 1999 and thereafter an order was passed to consider the case of the petitioner for promotion. Since the petitioner is not claiming salary and back wages, he is entitled for promotional benefits i.e. pay revision with effect from the date of his promotion in the pay scale of 1400-2600.

In the facts of this case, the petitioner is directed to file a fresh representation along with the copy of this order before the respondent-State of Jharkhand. Upon receipt of the same, the respondent-State of Jharkhand shall pass order regarding pay revision / pension taking into considering the pay scale of 1400-2600. Let the entire exercise be completed within a period of twelve weeks from the date of receipt of a copy of this order. Since the petitioner has superannuated in the year 1999 i.e. almost 25 years have passed, the respondents shall take active step for revision of pensionary benefits upon grant of promotional benefits within the aforesaid period.”

Still, the State of Jharkhand has chosen to challenge the aforesaid direction issued by the writ Court. Secondly, the statements made by the respondents in the limitation petition to show sufficient cause are definitely not satisfactory. This is really a matter of concern that the State of Jharkhand keeps on filing unmerited appeals which only leads to pendency in the Courts; completely oblivious to its “State Litigation Policy”.

In I.A No.4559 of 2024, the following statements have been made seeking condonation of 1267 days:

“4. That, it is stated that the after passing of the order dated 28.11.2023 passed in W.P.S no.2143/22 the Section Officer of the Directorate forwarded the file to Legal Section of the Health Directorate, Jharkhand with noting to take instruction from higher officials either to comply the order or to file LPA against the order dated 28.11.2023.

That it is stated that thereafter Legal Section forwarded the file to Health Trainer, Health Directorate, Jharkhand on 22.12.2023 with same noting that opinion may be taken from the higher officials for either to comply the order dated 28.11.2023 passed in W.P.S no.2143/2022 or to file appeal against the order.

6.That thereafter file was forwarded to Under Secretary of the Department on 30.12.2023 with a noting that in compliance of the order dated 28.11.2023 the petitioner has submitted his representation and decision may be taken on the representation of the petitioner in accordance with law.

That thereafter file was forwarded to the Deputy Director, Health Directorate, Government of Jharkhand on 30.12.2023 with the noting that to take further action on the representation of the petitioner as per law.

That thereafter again file was moved from Director, Health Directorate, Government of Jharkhand to again back to Section Officer of the Directorate from 30.12.2023 to 02.01.2024.

That thereafter the section officer moved the file to Under Secretary of the Department with noting that advice has been given by the District Leprosy Eradication Officer, Dumka to file LPA in the matter therefore ground of appeal is required from the establishment office and for that letter has to be given to District Leprosy Eradication Officer, Dumka.

That thereafter filed was again moved from Under Secreatry to Director, Health Directorate level on 19.01.2024 for approval of the same.

That thereafter the Ground appeal was prepared and same was send to Under Secretary on 05.02.2024 for taking approval from the Department.

That thereafter file moved from Under Secretary level to Special Secretary level for approval of the ground of appeal from 05.02.2024 to 09.02.2024.

That thereafter Special Secretary forwarded the file to Principal Secretary, Department of Health alongwith grounds of appeal on 09.02.2024 with noting to take opinion of Department of Law in the matter.

That thereafter the Principal Secretary forwarded the file to Department of Law on 09.02.2024.

That thereafter the Deputy Additional Law Advisor of the Law Department, forwarded the file to Additional Law Advisor on 12.02.2024 with giving details of the case and with noting to place the file before the Learned Advocate General, Jharkhand for taking opinion in the matter as per background of the case for filing appeal in the matter.

That thereafter Additional Law Advisor of the Department of Law forwarded the file to Law Advisor, Department of Law on 12.02.2024 for placing the file before Learned Advocate General, Jharkhand for taking his legal opinion in the matter.

That thereafter file was sent to the Office of Learned Advocate General, Jharkhand by the Principal Secretary Cum Law Advisor, Department of Law, Jharkhand on 12.02.2024.

That the file was received by the Officer of the Learned Advocate General, Jharkhand on 13.02.2024 and thereafter the Learned Advocate General has given his opinion to file LPA in the matter through AAG-II on 19.02.2024.

That thereafter file was sent back to the Law Department on 19.02.2024 by the office of the Learned Advocate General, Jharkhand.

That thereafter file was placed before the Principal Secretary, Department of Law, Government of Jharkhand on 19.02.2024 and instruction was given by the Principal Secretary, Department of Law to act accordingly to the Department of Health, Government of Jharkhand.

That thereafter file was sent to the Department of Health on 21.02.2024.

That thereafter in compliance of opinion given by the Learned Advocate General, Jharkhand the file was sent to the office of the Learned Additional Advocate General-II.

That it is stated that thereafter draft of appeal alongwith I.A for stay of order dated 28.11.2023 passed in W.P.S no.2143/2022 and I.A for condonation of delay in filing the appeal was prepared and sent back to Department of Health for the approval on 13.03.2024.

That after approval of the department finally L.P.A has been filed on 26.04.2024.

25.That it is stated that the delay in filing the present appeal is neither intentional nor deliberate but due to various reasons beyond the control of the appellants.

That it is stated that appellant shall suffer irreparable loss and injury if the delay in filing the appeal is not condoned and the present appeal is not heard on its merit.”

Having considered the decision in “Postmaster General v. Living Media India Ltd.” (2012) 3 SCC 563, we find that the cause shown by the appellants is not satisfactory.

I.A No.4559 of 2024 is dismissed.

LPA No. 254 of 2024

Consequent  upon  dismissal  of  the  limitation  petition,  L.P.A

No.254 of 2024 is dismissed.