Jharkhand High Court
Navin Kumar Sinha vs The State Of Jharkhand on 16 October, 2024
Author: Ambuj Nath
Bench: Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 3127 of 2016
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Navin Kumar Sinha, S/o Late Gopal Prasad, resident of Kani
Bazar, P.S.-Sadar, P.O. & District-Hazaribagh ... ... Petitioner
-Versus -
1. The State of Jharkhand
2. The Inspector General of Registration, Department of Registration,
Government of Jharkhand, Project Building, P.O. & P.S.-Dhurwa,
District-Ranchi
3. The Deputy Commissioner-cum-Registrar, Koderma, P.O. & P.S. &
District-Koderma
4. The District Sub Registrar, Koderma, P.O. & P.S. & District-Koderma
5. The Accountant General (A & E), Doranda, P.O. & P.S.-Doranda,
District-Ranchi ... ... Respondents
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH
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For the Petitioner : M/s. Prabhat Kr Sinha, Advocate
For the Resp.-State : M/s. Abhilash Kumar, A.C. to G.P.-II
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10/16.10.2024
Heard the parties
2. The original petitioner Shail Bala had filed this Writ Petition for grant
of 1st Time Bound Promotion with effect from 23.05.1991 i.e. the date on
which she has completed ten years of service and also for grant of benefits of
1st and 2nd Assured Career Progression (A.C.P.) with effect from 09.08.1999
and 23.05.2005. The original petitioner has further prayed for a direction
upon the respondents to revise her the pension after grant of financial
upgradation with effect from 01.01.2006.
3. The original petitioner Shail Bala was initially appointed as an Extra
Clerk at Registry Office, Hazaribagh with effect from 08.07.1971. After
completion of 12 years of service, she was entitled for first financial
upgradation and after completion of 24 years of service, she was entitled for
second financial upgradation. As far as the grant of first Time Bound
Promotion is concerned, it was submitted by Mr. Prabhat Kumar Sinha,
learned counsel for the petitioner that the Government of Jharkhand has
withdrawn this scheme.
4. Learned counsel appearing on behalf of the respondent-State
submitted that the original petitioner had not passed the departmental exam
and as such, she was not eligible for 1st and 2nd financial upgradation.
5. Learned counsel appearing on behalf of the petitioner has relied upon
the decision of Hon'ble Supreme Court rendered in Amresh Kumar Singh
and others versus State of Bihar and others reported in 2023 SCC OnLine
SC 496, wherein the Hon'ble Supreme Court has held as under:-
"18. In the aforesaid case, the employees were working as
malis (Gardeners) and had claimed promotion in the
higher pay scale. The Central Administrative Tribunal
seized of the original applications observed that the
employees cannot claim the scale of the next higher post by
way of in situ promotion. On the matter being taken to the
High Court by way of a writ petition, the contention of the
employees was accepted and it was observed that the object
of in situ promotion on non-functional posts, is to ensure
that the group C and D employees are not stagnated in the
same cadre/pay scale and that they should be provided with
certain monetary benefits. Therefore, the rejection of the
claim for such nonfunctional in situ promotion on the
ground that the employees do not possess the necessary
minimum qualification of matriculation as per the rules is
not justified and renders the order erroneous in law. The
view so taken by the Division Bench of the High Court was
affirmed by this Court in the above referred Civil Appeals
holding that the High Court has correctly analysed the
object of the in situ promotion and fixation of pay scales to
Group C and D employees to avoid stagnation.
19. In view of the aforesaid legal position coupled with the
fact that the qualification of graduation prescribed is for
the promotion to the post of Accounts Officer rather than
for the grant of in situ promotion on the non-functional post
or for extending the benefit of ACP which is purely and
simply in the nature of grant of monetary benefit without
actually effectuating any promotion to any higher post, we
are of the opinion that the judgment and order of the
Division Bench of the High Court impugned in the appeals
cannot be sustained. It is accordingly hereby set aside and
that the judgment of the writ court dated 28.11.2017 is
restored. The appellants are extended the benefit of ACP,
as directed by the writ court."
6. In view of the aforesaid facts and law laid down by the judicial
pronouncements, it is clear that passing of departmental examination is not a
sine qua non for grant of any financial upgradation. Financial upgradation is
extended to the employees for weeding out any frustration of the employees
if they are not given Time Bound Promotion.
7. In view of the aforesaid discussions, this writ application is allowed.
The respondents are directed to extend the first financial upgradation and
second financial upgradation to the original petitioner Shail Bala in
accordance with the law and revise her pensions and pay dues to the present
petitioner Navin Kumar Sinha, son of original petitioner Shail Bala.
Appropriate order shall be passed by the respondents within four weeks from
the date of receipt of this order.
Pending I.A., if, any stands disposed of.
(Ambuj Nath, J.)
Nandini/-
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