Jharkhand High Court
Sadasheo Rao vs The State Of Jharkhand Through The Chief ... on 24 January, 2024
Author: Ambuj Nath
Bench: Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P.(S) No. 1552 of 2023
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Sadasheo Rao, aged about 71 years, s/o late B. M. Bhatt, r/o Sector-III, Row
House, 20B, Khelgaon, PO & PS-Hotwar, District-Ranchi ... Petitioner
Versus
1.The State of Jharkhand through the Chief Secretary, Government of
Jharkhand having address at Project Building, Dhurwa, PO & PS-Dhurwa,
District-Ranchi
2.The Principal Secretary, Government of Jharkhand, Personnel
Administrative Reforms and Rajbhasha Department having address at Project
Building, Dhurwa, PO & PS-Dhurwa, District-Ranchi
3. The Registrar General, Jharkhand High Court, Ranchi, PO & PS-Doranda,
District-Ranchi ... Respondents
CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE AMBUJ NATH
For the Petitioner : Mr. Anil Kumar Sinha, Advocate
For the Respondent Nos.1 & 2 : Mr. Yogesh Modi, AC to AAG-IA
Fort he Respondent No.3 : Mr. Atanu Banerjee, Advocate
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Order No.7/Dated: 24th January 2024
This writ petition has been filed for grant of Selection Grade and
Super Time Scale in terms of the resolution dated 29th June 2010 of the
Government of Jharkhand.
2. The petitioner has referred to the judgment in "Brij Mohan Lal
v. Union of India & Ors." (2002) 5 SCC 1 to put forth a plea that the service
rendered as the Judge of a Fast Track Court shall be counted for extending to
him the benefits of Selection Grade and Super Time Scale.
3. In the counter-affidavit filed on behalf of the High Court of
Jharkhand, it is stated that the petitioner did not qualify for Selection Grade
much less Super Time Scale as he did not complete five years of regular
service in Jharkhand Senior/Higher Judicial Service cadre. The service
rendered by the petitioner as a Judge of the Fast Track Court cannot be
counted for the purpose of Selection Grade inasmuch as the post of Additional
District and Sessions Judge in the Fast Track Court was ex-cadre and
temporary post. The petitioner was given regular promotion to the post of
Additional District Judge in the pay scale of Rs.16,750-400-19,150-450-
20,500 vide notification dated 1st August 2008 and he superannuated from
service w.e.f. 31st January 2013. The government resolution dated 27 th April
2006 provides as under:
"4. The promotion for Selection Grade and Super Time Scale in District
Judge Category is admissible on the following condition:-
(Ka). 25% posts in the cadre of District Judge for Selection Grade Scale
on the basis of seniority-cum-suitability who have completed five
(05) years of continuous and satisfactory service in District Judge
cadre in the pay scale of Rs.18,750-400-19,150-450-21,850-500-
22,850/-
(Kh.) 10% posts in the category of District Judge who have completed three
(03) years of continuous and satisfactory service in the Selection
Grade posts is admissible for Super Time Scale in the pay scale of
Rs.22,850-500-24,850/-."
4. In "Brij Mohan Lal", the Hon'ble Supreme Court issued the
following direction:
"10... 14. No right will be conferred on judicial officers in service for
claiming any regular promotion the basis of his/her appointment on ad hoc
basis under the Scheme. The service rendered in Fast Track Courts will be
deemed as service rendered in the parent cadre. In case any judicial officer is
promoted to higher grade in the parent cadre during his tenure in Fast Track
Courts, the service rendered in Fast Track Courts will be deemed to be service
in such higher grade."
5. Quite apparently, the petitioner was not eligible for Selection
Grade having not completed five years of continuous service in the cadre of
District Judge. "Brij Mohan Lal" specifically declared that the service
rendered on ad hoc basis shall not be counted for regular promotion and the
service rendered in Fast Track Court shall be deemed as service rendered in
the present cadre. The present cadre of the petitioner was Civil Judge
(Sr. Division) and not District Judge.
6. W.P.(S) No.1552 of 2023 is dismissed.
(Shree Chandrashekhar, A.C.J.)
(Ambuj Nath, J.)
Amit
