Banani Sengupta (Nee Banerjee) vs The State Of Jharkhand
2021 Latest Caselaw 4717 Jhar

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI
               W.P.(S) No. 3521 of 2008
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Banani Sengupta (nee Banerjee) ..... Petitioner Versus

1. The State of Jharkhand.

2. Director, Primary Education, Jharkhand, Ranchi.

3. District Education Officer, Dhanbad.

4. District Superintendent of Education, Dhanbad.

     5. Deputy Inspector      of Schools, Area Education Office,
        Dhanbad.                        .....   Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. Indrajit Sinha, Advocate Mr. Arpan Mishra, Advocate For the Respondents : Mr. Shadab Bin Haq, A.C.to Sr. S.C.I

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11/Dated: 9th December, 2021 Heard learned counsel for the parties.

2. At the outset learned counsel for the petitioner

confines his prayer for B.A. Trained Scale w.e.f.1994.

3. Mr. Indrajit Sinha, learned counsel for the petitioner

fairly submits that similar issue has been decided in L.P.A.

No. 949 of 2016 passed by the Hon'ble Patna High Court,

as such, the instant writ application may be disposed of by

giving liberty to the petitioner to file a fresh representation

before the respondent No.-2 after quashing the impugned

order.

4. Mr. Shadab Bin Haq, learned counsel appearing for

the respondent-State submits that the said referred case is

not squarely applicable in the instant case, however, if the

petitioner so chooses he may file a representation before the

respondent No.-2 and the same shall be decided on its own

merits in the light of the judgment passed in above referred

case.

5. In view of the limited submission of learned counsel

for the parties, the instant writ application is, hereby,

disposed of by giving liberty to the petitioner to approach

respondent No.-2 by filing a fresh representation along with

above referred judgment making his claim for B.A. Trained

Scale w.e.f. 1994 within a period of 10 weeks from today.

If any such representation is received by the

respondent No.2 within the aforesaid stipulated period the

same shall be disposed of in accordance with law and in the

light of order passed in L.P.A. No. 949 of 2016 and other

applicable rules in the facts and circumstances of the case.

It is made clear that the respondent No.2 will

not be prejudiced by the impugned order dated 07.06.2003

while taking the decision and passing the fresh order.

6. With the aforesaid direction the instant writ

application stands disposed of.

(Deepak Roshan, J.) Amardeep/