Jharkhand High Court
Arun Kumar Mandal & Ors vs State Of Jharkhand & Ors on 3 August, 2010
Author: D.N. Patel
Bench: D.N.Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 2775 of 2010
Arun Kumar Mandal & ors. ...... Petitioners
Versus
The State of Jharkhand & ors. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL For the Petitioners : Mr. Bhanu Kumar, Advocate For the Respondents : Mr. D.K. Dubey, S.C. (Mines)
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rd 02/ Dated: 3 August, 2010
1. It appears that in spite of approval being granted by the Regional Deputy Director of Education, Santhal Pargana, Dumka for promoting 141 Assistant Teachers of Arts from Matric Trained Senior Pay Scale Grade-II to Matric Trained Selection Grade-III, final decision has still not been taken by the District Superintendent of Education, Godda, though approval has been granted by the Regional Deputy Director of Education, Dumka way back in the year 2005.
2. However, learned counsel for the petitioners submitted that suffice it will be for disposal of this writ petition, if a direction is given to respondent no. 6, to decide the fresh representation, which will be preferred by the petitioners, in accordance with law, within stipulated time, as given by this Court.
3. I have heard learned counsel for the respondents, who has submitted that they have no much objection, if such a direction is given to respondent no. 6 to decide the fresh representation of the petitioners, in accordance with law, within stipulated time as given by this Court.
4. In view of the aforesaid submissions and looking to the facts and circumstances of the case, I therefore, direct the petitioners to file a fresh representation along with a copy of this order before respondent no. 6, the District Superintendent of Education, Godda, within a period of two weeks from today and respondent no. 6 on getting the representation would be taking decision in the matter relating to the promotion of the petitioners from the Grade-II to the Grade-III, by a speaking order, in accordance with law, rules, regulations, policies and the Government enforceable orders, applicable to the petitioner, as also having regard to the recommendation -2- made by the Regional Deputy Director of Education, Dumka, as expeditiously as possible and practicable, preferably within a period of sixteen weeks from the date of receipt of a copy of the order of this Court, after giving an adequate opportunity of being heard to the petitioners or to their representatives.
5. If the benefit is in favour of the petitioners, the same will be extended to the petitioners within further period of two weeks thereafter.
6. This writ petition is, accordingly, disposed of, in view of the aforesaid directions.
(D.N. Patel, J) Ajay/