JUDGMENT :

The State of Jharkhand is aggrieved of the order dated 05th February 2018 passed in W.P.(S) No.1143 of 2009. By the said order, the learned writ Court issued a direction to the respondents to give due consideration to the aspect of “Kalawadhi”, if a representation is made by the writ petitioner.

2. By the order dated 05th February 2018, the learned writ Court issued the following direction:

“7. Be that as it may since it appears that proper consideration has not been made with respect to the aspect of 5 years Kalawadhi which was to be considered and which also provides a relaxation of one year which would entitle the petitioner to come within the domain for consideration but he has been given promotion w.e.f. 27.10.1996 and the said aspect having not been properly considered by the respondents, this writ petition is disposed of with a liberty to the petitioner to file a representation before the respondent No. 2 who shall on submission of said representation consider the same in accordance with law and thereafter pass necessary orders expeditiously and preferably within a period of six weeks from the date of receipt of a copy of the representation.”

3. The appellant (hereinafter referred to as the writ petitioner) was appointed in the year 1975 on the post of Agriculture Inspector. By an order dated 12th October 1993, he was given the basic grade of Bihar Agriculture Subordinate Service on the recommendation of Bihar Public Service Commission with effect from 27th October 1986. He pleaded before the writ Court that his name was recommended for promotion to a Class-I post with effect from 27th October 1991 in the meeting of the Departmental Promotion Committee held on 24th/26th April 1995, however, on account of some dispute as regards reservation policy the same could not be given effect to. Finally he was promoted to a Class-I post with effect from 27th October 1996 in Junior Selection Grade. He was allocated Jharkhand Cadre on 09th May 2006 and though in the seniority list published vide notification dated 03rd July 2007 his named figured at serial no. 2 he was not granted regular promotion on the higher posts. He came before the writ Court in W.P.(S) No.2508 of 2007 claiming regular promotion in the pay scale of Rs.10,000-15,200/-with effect from 27th October 1991, scale of Joint Director in the pay scale of Rs.12,000-16,500/-with effect from 27th October 1996 and the pay scale of Rs.14,300-18,300/- with effect from 27th October 2001.

4. These prayers were added subsequently by filing I.A. No.2777 of 2007 which was allowed by the writ Court vide order dated 01st October 2007.

5. By the same order, writ petition was disposed of in the following terms:

“.......In this writ petition, the petitioner has prayed for a direction on the respondents for preparation of the gradation list and giving due promotion.

When this writ petition is taken up today (1.10.2007), learned counsel for the petitioner submitted that Departmental Promotion Committee has already been constituted vide Memo no. 1976 dated 7.8.2007. The petitioner has filed his representation before the Department for consideration of his promotion and the same is pending.

Learned J.C. to G.P.IV submitted that the petitioner's representation is pending before the Department and without waiting for the order of the department, he has rushed to this Court. If the petitioner's representation is still pending, the same shall be considered and appropriate order shall be passed.

Considering the submissions made by the learned counsel for the parties, this writ petition is disposed of directing the respondents to consider the petitioner's representation and pass appropriate order, in accordance with law, within a period of six weeks from the date of receipt/production of a copy of this order.”

6. It appears that after the writ petitioner filed Contempt (Civil) Case No.22 of 2008 the respondents issued notification dated 11th January 2009 by which he was granted pay scale of Rs