JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The instant intra-court appeal, under Clause-10 of letters patent, is directed against the order/judgment dated 15.02.2019 passed by the learned Single Judge of this Court in Contempt Case (Civil) No. 355 of 2017, whereby and whereunder, the part of the order, by which, the direction has been passed upon the Secretary, Department School Education and Literacy, Government of Jharkhand to ensure that necessary order is issued within four weeks granting notional promotion to the petitioner in Grade-VII, on the basis of which, his post-retiral benefit shall be calculated and paid, has been challenged on the ground that the contempt Court has got no jurisdiction to pass an order assuming the power conferred under Article 226 of the Constitution of India.

2. The brief facts of the case, which required to be enumerated, are as hereunder:

It is the case that the writ petitioner was appointed as untrained B.Sc. Science teacher on 15.04.1983 and after obtaining the training, he became eligible for graduate trained scale. Accordingly, the petitioner was promoted by the respondents’ authorities in the higher graduate trained scale w.e.f. 01.07.1992. Further, in terms of Bihar Taken Over Elementary School Teacher Promotion Rules, 1993 (hereinafter referred as the ‘Rule’ 1993) and in consequent upon the grant of promotion in Grade-IV w.e.f.01.07.1992, the petitioner became eligible for promotion to the post of Grade-VI and Grade-VII. However, the respondents’ authorities in spite of 1993 Rules as adopted in the State of Jharkhand, did not act upon the same. Seniority position of assistant teachers in various grade, has not been finalized. Promotion to the petitioner in higher grade was also not provided. The petitioner, on attaining the age of superannuation, had retired from service on 31.01.2016 and his retiral dues has been fixed on the basis of last drawn pay, which is too less.

Later on, the respondents’ authorities had called for the details of the eligible assistant teachers for providing seniority and consideration of their case for promotion in Grade-VI/VII. Accordingly, the petitioner, vide his letter dated 29.08.2016 has forwarded his details in 56 columns for inclusion and finalization of Gradation list of assistant teacher. Thereafter, a database of assistant teachers for promotion in Grade-VII has been uploaded by the respondent authority concerned including the several junior persons, except the petitioner.

For redressal of his grievance, the writ petitioner has preferred writ petition being W.P. (S) No. 6625 of 2016 which was disposed of vide order dated 30.01.2017 by the learned Single Judge in terms of order passed in W.P. (S) No. 6135 of 2015 and direction was issued to the respondents’ authorities to follow the provision of Rules, 1993 and promotion on the basis of vacancies, shall be made strictly as per the seniority list and it shall also be put on the website.

In terms of the order dated 30.01.2017, the petitioner has represented before the District Superintendent of Education, Jamshedpur vide letter dated 27.02.2017 but the respondent concerned has not complied with the order dated 30.01.2017 passed in W.P. (S) No. 6625 of 2016. Thereafter, for ventilating his grievance, the petitioner has preferred contempt case being Contempt Case (Civil) No. 335 of 2017, wherein, the learned Single Judge vide order dated 15.02.2019, while closing the contempt case, has issued direction to the Secretary, Department of School Education and Literacy, Government of Jharkhand by ensuring that necessary order is issued within four weeks granting notional promotion to the petitioner in Grade-VII, on the basis of which, his post-retiral benefits shall be calculated and paid.

The respondent/appellant has challenged that part of the order which was passed by the contempt Court, hence, the instant appeal has been filed.

It is evident from the factual aspect that the writ petitioner has approached this Court for