JUDGMENT :

1. The matter has been heard through video conferencing. There is no complaint about any audio and visual connectivity.

I.A. No. 3568 of 2019

This interlocutory application has been filed for condoning the delay of 520 days in preferring the present appeal.

2. Heard learned counsel for the appellants.

3. Having regard to the averments made in the application and submission made on behalf of the appellants-State of Jharkhand, we are of the view that the appellants were prevented from sufficient cause in filing the appeal within the period of limitation. As such, the delay of 520 days in preferring the present appeal is hereby condoned.

4. I.A. No. 3568 of 2019 stands allowed.

L.P.A. No. 211 of 2019

5. The instant intra-court appeal has been filed under clause 10 of the Letters Patent against the order/judgment dated 05.10.2017 passed by the learned Single Judge in W.P. (S) No. 7179 of 2011, whereby and whereunder order dated 06.09.2011 issued by the District Superintendent of Education, by which the monetary benefit for the post of I.A. (Trained), B.A. (Trained) and Headmaster have been refused to be granted with retrospective effect, has been quashed.

6. The brief facts of the case, which require to be enumerated herein for proper adjudication of the lis, reads hereunder as:

The writ petitioner-respondent, having possessed the requisite qualification of Matric Trained Teacher, was appointed on the post of Assistant Teacher in Matric Trained Scale sometimes in the year 1975 by the District Superintendent of Education, Chaibasa and accordingly he joined on the said post on 11.05.1975. Thereafter, the writ petitioner-respondent passed the Intermediate Examination in the year 1978, Bachelor of Arts Examination in the year 1983 and Master of Arts Examination in the year 1992.

The writ petitioner-respondent having passed the Intermediate Examination, Bachelor of Arts Examination and Master of Arts Examination submitted representation for grant of I.A. (Trained), and B.A. (Trained) scales and also for promotion to the post of Headmaster but the same was not granted, whereas according to writ petitioner-respondent, some of the juniors to him were extended such benefits by way of grant of I.A. and B.A. Trained Scales and promotion to the post of Headmaster, therefore, the writ petitioner-respondent approached before this Court by filing writ petition, being C.W.J.C. No. 3986 of 1999 (R), which was disposed of vide order dated 23.07.2001 with a direction upon respondent no. 2 to grant I.A. and B.A. (Trained) Scales from the date juniors to the writ petitioner-respondent were granted to the said scales and to consider the case of writ petitioner-respondent for promotion to the post of Headmaster from the date juniors to him have been promoted. When the order dated 23.07.2001 passed in C.W.J.C. No. 3986 of 1999 (R) was not complied with, the writ petitioner-respondent filed a contempt case, however, after filing of the contempt case, the respondent no. 2 granted I.A. and B.A. Trained Scales and also the scale of Headmaster to the writ petitioner-respondent w.e.f 01.03.1983, 04.03.1987 and 01.05.1990 respectively, the date on which juniors to him were granted such benefits, but arrears of monetary benefits were not given to him.

Thereafter, the writ petitioner-respondent represented before the respondents-authorities for consideration of his case for grant of monetary benefits from the date juniors to him were granted and also in view of the order dated 12.05.2010 passed by this Court in W.P. (S) No. 1129 of 2009 but the claim of the writ petitioner-respondent was rejected vide order dated 06.09.2011 by the State-authorities. Being aggrieved with the order dated 06.09.2011, the writ petitioner-respondent again invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India by filing W.P. (S) No. 7179 of 2011 and same was allowed by the learned Single Judge of this Court, which is the subject matter of the present