The State Of Jharkhand vs Mithileshwar Verma
2022 Latest Caselaw 2314 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
               (Letters Patent Appellate Jurisdiction)
                            LPA No. 303 of 2013
1. The State of Jharkhand
2. The Director, Primary Education, Department of Human Resources,
Government of Jharkhand, at Project Building, PO&PS-Dhurwa,
District-Ranchi
3. The District Superintendent of Education, West Singhbhum,
PO&PS-Chaibasa, District-West Singhbhum, Jharkhand
4. The Deputy Commissioner, West Singhbhum, PO&PS-Chaibasa,
District-West Singhbhum, Jharkhand                  ......Appellants
                                 Versus
1. Mithileshwar Verma, son of Sri Kailash Prasad Verma, resident of
Chandmari Road, Ward No. 4, PO&PS-Chakradharpur, District-Singhbhum
West presently posted as Science Teacher at Adarsha Middle School,
Chakradharpur, PO&PS-Chakradharpur, District-Singbhum West.
2. Ramesh Prasad Singh, son of Sri Rambadan Pd. Singh, resident of Retired
Colony, Ward No. 13, PO&PS-Chakradharpur, District-Singhbhum West,
presently posted as Science Teacher at Soundik Dharamshaha, Middle School
Chandwari Road, PO&PS-Chakradharpur, District-Singhbhum West.
3. Surendra Kumar, son of Sri Ramkrit Narayan Lal, resident of Bharat
Bhavan, Rasiklal Bagan, PS-Chakradharpur, District-Singhbhum West,
presently posted as Science Teacher at Dandasai Urdu Middle School,
PO&PS-Chakradhapur, District-Singhbhum West.
4. Bimal Kishore Mahto, son of late Dibru Mahto, resident of Potka,
PO&PS-Chakradharpur, District-Singhbhum West, presently posted as Science
Teacher at Oriya Middle School, Chainpur, PO&PS-Chakradharpur,
District-Singhbhum West
5. Dhankrisbha Pradhan, son of Sri Srikant Pradhan, resident of Asantalia,
PO-Sonua, PS-Sonua, District-Singhbhum West, presently posted as Science
Teacher at Girls' presently posted as Science Teacher at Girls' Middle School,
Sonua, PO&PS-Sonua, District-Singhbhum West.
6(i) Smt. Sandhya Rani Pradhan, wife of late Somitri Pradhan, resident of
village-Nuwagaun, PO-Tunia, PS-Sonua, District-West Singhbhum, Jharkhand
6(ii) Sri Devbrath Pradhan, son of Somitri Pradhan, resident of
village-Nuwagaun, PO-Tunia, PS-Sonua, District-West Singhbhum, Jharkhand
6(iii) Smt. Vijaya Lakshmi Pradhan, daughter of Somitri Pradhan, resident of
village-Nuwagaun, PO-Tunia, PS-Sonua, District-West Singhbhum, Jharkhand
6(iv) Sri Devashish Pradhan, son of Somitri Pradhan, resident of
village-Nuwagaun, PO-Tunia, PS-Sonua, District-West Singhbhum, Jharkhand
                                                             ..... Respondents
                               ---------------
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
         HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellants       : Mr. Om Prakash Tiwari, GP-III
For the Respondents      : None
                              ---------------
                                      2                                  LPA No. 303 of 2013



                                 ORDER

28th June 2022 Per, Shree Chandrashekhar, J.

The State of Jharkhand is in appeal against the order dated 23 rd January 2013 passed in WP(S) No. 4843 of 2006 by which the order contained in Memo dated 2nd May 2006 has been held illegal and not sustainable in law.

2. By the order dated 2 nd May 2006, the writ petitioners who are respondents before us were placed under Grade-I by reducing them in rank from Grade-IV.

3. The main challenge by the State of Jharkhand to the writ Court's decision is based on the plea that the Bihar Taken Over Elementary School Teachers Promotion Rules, 1993 shall have retrospective effect.

4. The writ Court in the order dated 23 rd January 2013 passed in WP(C) No. 4843 of 2006 has held as under:

"In the totality of facts and circumstance discussed and the reasons indicated herein above, the impugned action of the respondents canceling the promotions of the petitioners as also showing them under Grade-I in the seniority list, therefore, cannot be sustained in law as it amounts to taking away the vested rights accrued before coming into force of the Rules of 1993. The impugned action amounting to reduction of rank/grade without following the procedures of law by way of Annexure-10 series are, accordingly quashed. So far as the list contained at Annexure-5 showing the petitioners under Grade-I, they are also held to be unsustainable, so far as they relates to the petitioners. The respondents would take steps to rectify the seniority list, accordingly .

The writ petition is allowed in the aforesaid terms."

5. The writ Court referred to the Judgment in "Arbind Bhushan Dey v. State of Jharkhand" 2009 (1) JLJR 338 to hold that 1993 Rules shall have prospective effect and while so the period of eight years required for promotion from Grade-I to Grade-IV under the Bihar Taken Over Elementary School Teachers Promotion Rules, 1993 cannot be applied in case of the petitioners to deny them pay-scale under Grade-IV.

6. The judgment in "Arbind Bhushan Dey" has been followed by this Court in several cases including "Bijendra Kumar Sinha v. The State of Jharkhand and others" in CWJC No. 2115 of 2001.

7. We have gone through the aforesaid judgments and do not find any reason to disagree with the opinion rendered in those cases that 1993 Rules shall have prospective application. The decision rendered by this Court in the aforesaid cases is based on general rule of law that any statute shall have

prospective effect unless provided otherwise [refer, "State of Bihar v. Ramesh Prasad Verma" (2017) 5 SCC 665].

8. Having found so, we do not find any merit in this Letters Patent Appeal and, accordingly, LPA No. 303 of 2013 is dismissed.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) Jharkhand High Court, Ranchi Dated: 28th June 2022 Tanuj/ N.A.F.R