Jharkhand High Court
The State Of Jharkhand vs Ashok Kumar Jha on 12 June, 2024
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
L.P.A. No. 120 of 2024
1. The State of Jharkhand
2. The Principal Secretary, Department of School Education and Literacy,
Project Bhawan, P.O. & P.S. - Dhurwa, District Ranchi.
3. District Superintendent of Education, Dhanbad, P.O. & P.S. Dhanbad,
District - Dhanbad.
4. District Education Officer, Dhanbad, P.O. & P.S. - Dhanbad, District
Dhanbad
... ... ... Respondents/Appellants
Versus
1. Ashok Kumar Jha, son of Late Radhika Prasad Jha resident of College
Road, Rasikpur, P.O. & P.S. - Rasikpur, District - Dumka
... ... ... Petitioner/Respondent
2. Accountant General (A&E), Jharkhand, P.O. & P.S.-Doranda, District-
Ranchi
... ... ... Respondent/Performa Respondent
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CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellants: Dr. Vandana Singh, Sr. S.C.-III
Ms. Apoorva Singh, A.C. to Sr. S.C.-III
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12th June 2024
Per, Shree Chandrashekhar, A.C.J.
The State of Jharkhand is aggrieved by the direction issued by
the writ Court in W.P.(S) No. 1363 of 2023 to re-fix the salary of the
respondent herein with effect from 15th November 2000 and to pay him the
arrears of salary on account of difference in salary accrued thereby.
2. The writ Court passed the aforesaid order on the basis of a
decision of this Court rendered in W.P.(S) No. 6393 of 2016 titled
"Shivchandra Kumar Vs. the State of Jharkhand & Ors."
3. Briefly stated, the respondent was initially appointed as
Assistant Teacher on 1st May 1970 in Government Basic School, Kendua in
the district of Dhanbad. He was granted promotion after serving as Assistant
Teacher for about 17 years and was posted as the Principal of the
Government Basic School, Kusaha. Thereafter, he was transferred to
Government Basic School at Rasikpur, Dumka and, later on, promoted in the
rank of Lecturer in the Teachers Training College, Ghormara, District-
Deoghar. The respondent pleaded that he was serving as the Block
Education Extension Officer at Dumka from 26th December 1995 to June
2004 and at Govindpur till 30th November 2007, when he superannuated
from service. The respondent based his claim primarily on the basis of an
order passed by this Court in "Shivchandra Kumar".
4. The writ Court taking note of the stand of the State of
Jharkhand as projected by the learned G.P.-II proceeded to decide W.P.(S)
No. 1363 of 2023 and passed the following order:
"10. Having heard learned counsel for the parties and considering the
submission of learned counsel for the petitioner which has been accepted by
learned GP-II that the issue raised in the present writ petition is covered by the
judgment dated 22.12.2022 rendered by a Bench of this Court in the case
"Shivchandra Kumar" (supra), the present writ petition is disposed of in terms
with the aforesaid judgment dated 22.12.2022.
11. Accordingly, the respondents are directed to fix the salary with effect
from 15.11.2000 and to pay difference of salary and allowances, pension,
gratuity etc. payable to the petitioner on the basis of such determination, as
prayed in the instant writ petition as well as in terms with the notification no. 185
dated 01.07.2009 within 4 eight weeks from the date of receipt/production of a
copy of this order."
5. As no counter affidavit was filed by the State of Jharkhand
before the writ Court and the learned G.P.-II made a statement in the Court
which is recorded in Paragraph No.8 of the writ Court's order dated 14th
August 2023 that the writ petition filed by the respondent, namely, Ashok
Kumar Jha was squarely covered by the decision in "Shivchandra Kumar",
we are of the opinion that the present Letters Patent Appeal is liable to be
dismissed at the threshold.
6. This is a well settled law that the statement made by the counsel
on point of law shall bind the parties, there was no occasion for the State of
Jharkhand to challenge the direction issued by the writ Court in the present
case. However, Dr. Vandana Singh, the learned Sr. S.C.-III endeavoured to
persuade this Court to interfere in this matter on the ground that the decision
in "Shivchandra Kumar" which is based on an earlier decision rendered in
"Dr. Paras Nath Prasad Vs. State of Bihar" 1990 (2) PLJR 248 and
"Suryadeo Prasad Vs. the State of Jharkhand and others" 2010 (3) JCR 238
(Jhar.) was not correctly decided.
7. This issue has been raised by the State of Jharkhand specifically
in L.P.A. No. 736 of 2023 which we have considered and dismissed the said
Letters Patent Appeal.
8. On merits, we are inclined to hold that denying the respondent
promotion in Grade-II on the date when he became eligible and a vacancy
had arisen was arbitrary and cannot be approved by the Court. The plea
raised by the State of Jharkhand that in view of Section 58 of the Jharkhand
Service Code and Rule 74 of the Financial Rules of the Government of
Jharkhand the respondent could not have been granted financial benefits
with effect from 15th November 2000 can also not be countenanced in law.
The logic behind Section 58 of the Jharkhand Service Code and Rule 74 of
the Financial Rules of the Government of Jharkhand seems to be that a
government employee who did not function and discharge duty of a higher
post cannot be granted the higher salary shall not apply in the case of the
respondent. The State of Jharkhand which delayed promotion to the
respondent for several years cannot be permitted to take a stand that the
respondent who did not discharge his duty as Grade-II cannot claim higher
salary. Therefore, the arbitrary action of the State of Jharkhand in not
granting promotion to the respondent from the due date shall overcome the
bar under the aforementioned provisions in the Service Code and the
Financial Rules. We may further add that the bar under Rule 58 of the
Jharkhand Service Code and Rule 74 of the Financial Rules of the
Government of Jharkhand is binding on the Administrative Officers of the
State of Jharkhand and not on the Courts.
9. Having regard to the forgoing reasons, L.P.A. No. 120 of 2024
is dismissed. Pending Interlocutory Application stands disposed of.
(Shree Chandrashekhar, A.C.J.)
(Navneet Kumar, J.)
VK
