2021 Supreme(Jhk) 716
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, RAJESH SHANKAR, JJ.
Chandra Prakash Asthana - Appellant
Versus
The State Of Jharkhand - Respondent
W. P. (S) No. 4086 of 2018
Decided on : 10-09-2021
Advocate Appeared:
For the Appellant : Mr. C. P. Asthana, in Person
For the Respondents:Mrs. Darshana Poddar Mishra, Mr. Anil Kumar, Senior Advocate
Headnote:
Constitution of India, 1950 – Article 226 - Petitioner on selection was appointed vide notification to Superior Judicial Service of Jharkhand along with 16 others and was posted as Additional District Judge - After completion of 5 years of service as Additional District Judge, petitioner was granted selection grade vide notification - Prior to selection and appointment of petitioner in Superior Judicial Services, petitioner was working as an Assistant Prosecuting Officer in State of Jharkhand and was given Selection Grade in that service and after being relieved, petitioner joined as Additional District Judge - Petitioner on being transferred had joined Ranchi as Additional Judicial Commissioner - Petitioner was granted Selection Grade after completion of 6 years of service - Whether to grant Super-time Scale to petitioner two vigilance/allegation matters were also taken into consideration – Held, that denial of Super-time Scale to petitioner was arbitrary and unjustified - Court accordingly allow this writ application and direct respondent to grant Super-time Scale to petitioner with effect from date his junior was granted such benefit - Writ application stands allowed.
JUDGMENT :
R. Mukhopadhyay, J.
Heard Mr. C.P. Asthana, the petitioner in person, Mrs. Darshana Poddar Mishra, learned AAG I and Mr. Anil Kumar, learned senior counsel appearing for the respondent no. 4.
2. In this writ application, the petitioner has made the following prayers:
a. For the issuance of an appropriate writ/writs, order/orders, direction/directions or a writ in the nature of Mandamus for directing upon the respondents to forward the application of the petitioner for consideration for the appointment as Judicial Member of the Central Administrative Tribunal and other posts;
b. For directing and commanding the respondents to dispose of the alleged inquiry pending against the petitioner;
c. For directing upon the respondents to forward letter no. 46 of 2018 C dated 04.08.2018 which was sent to the Hon’ble Court against the vacancies for Judicial Member, Central Administrative Tribunal to the Secretary, Department of Personnel and Training, New Delhi with CCR so that, it may be received in the concerned office of Secretary before the expiry of the extended period i.e., 14.08.2018;
d. For directing upon the respondents to grant the petitioner super-time scale in the cadre to the petitioner as the petitioner fulfills all eligibility criteria as prescribed for the grant of supertime scale.
3. The petitioner had filed an interlocutory application bearing I.A. No. 11267 of 2019 for amending the writ application. The same was allowed vide order dated 07.09.2020. Since the amendment at paragraph d (2) in I. A. No. 11267 of 2019 did not find place in the order dated 07.09.2020, a clarificatory petition was filed through I. A. No. 4891 of 2020. The clarification as sought for was concluded to be justifiable and accordingly the petitioner was permitted to file the amended writ application by also incorporating paragraph d (2) as mentioned in I. A. No. 11267 of 2019.
4. Consequent to the amendment(s) having been allowed by this Court as stated above, the prayers which have been incorporated are quoted hereinunder:
d.(i) For the issuance of appropriate writ/writs, order/orders, direction/directions or a writ in the nature of Certiorari quashing the order dated 30.11.2017 whereby and whereunder the representation of the petitioner dated 24.06.2016 regarding adverse entries in ACR has been rejected in complete mechanical manner without considering the reply of the petitioner;
d.(ii) To recall and quash the minutes dated 17.01.2018 and 14.02.2018 passed by the Hon’ble Screening Committee and Hon’ble Standing Committee whereby it has been resolved not to grant super-time scale to the petitioner and the said recommendation has subsequently been expunged by the Hon’ble Standing Committee vide its minutes dated 14.02.2018, but the copy of the same was not supplied to the petitioner. As such in view of the above mentioned facts to quash the minutes dated 17.01.2018 and 14.02.2018 of the Hon’ble Screening Committee and Standing Committee respectively;
d.(iii) For the issuance of an appropriate writ/writs, order/orders, direction/directions or a writ in the nature of Certiorari quashing that part of the Memo no. 2916 dated 20.08.2019 i.e. the column no. 3 whereby it has been mentioned that vigilance matters are pending against the petitioner, irrespective of the order dated 10.01.2019 passed in I. A. No. 11466 of 2018 with I. A. No. 204 of 2019 whereby it was held that there is no disciplinary proceeding against the petitioner, moreover the remarks made against the petitioner is stigmatic in nature;
d.(iv) To hold and declare that there is no disciplinary proceeding pending against the petitioner.
5. The facts of the case as enumerated in the writ application reveals that the petitioner on selection was appointed on 10.01.2002 vide notification dated 15.12.2001 to the Superior Judicial Service of Jharkhand along with 16 others and was posted as Additional District Judge, Hazaribagh. After completion of 5 years of service as Additional District Judge,