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2023 Supreme(Jhk) 151

SUJIT NARAYAN PRASAD, SUBHASH CHAND
State of Jharkhand – Appellant
Versus
Manoranjan Ojha S/o Late Ram Jatan Ojha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manish Mishra.
For the Respondents: Rahul Kumar, Apoorva Singh.

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,

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