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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Mani Kumar Sinha S/o Moti Ram – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying for quashing and setting aside the office order dated 22.03.2023 (Annexure-12) & 29.06.2016 (Annexure-10); whereby the promotion of the petitioners to Grade-4 has been cancelled and further the petitioners have also prayed for a direction upon the respondents not to revise the salary of the petitioners.
3. The brief facts of the case as delineated in the writ petition is that the erstwhile State of Bihar vide notification no. 28 framed the rules namely Bihar Elementary Teacher Promotion Rules , 1993 (hereinafter to be referred as Promotion Rules-1993) which was notified on 08.07.1993. Relevant rules for the purpose of adjudication of the present case are definition clause, Rule 5 (2), 5 (4), 6 & 7.
4. The petitioners were appointed to the post of Assistant Teachers. Prior to their appointment, they have completed their training and the results of the training were published immediately after their appointment. As per the Promotion Rules-1993, the petitioners have been granted the matric trained scale and after completion of 8 years of serv
Promotions cannot be annulled without an adverse order from prior litigation, reaffirming principles of legal continuity and procedural fairness.
The settlement of disputes related to teachers’ training and the finalization of the seniority list are crucial for determining entitlement to promotion under the relevant rules.
Retrospective cancellation of promotions without natural justice, during judicial stays, based on un-finalized provisional seniority lists is invalid; requires objection hearing, qualification verifi....
Time-bound promotion for teachers after 12 years of service is a fundamental right and compulsory under state rules, ensuring compliance with equality principles in the Constitution.
Promotions mandated by previous court rulings must be implemented without discrimination, ensuring rights are upheld as per governing laws.
The judgment clarifies procedural compliance for promotions under established rules, emphasizing seniority and eligibility criteria.
Eligibility for government employment benefits hinges on service duration and adherence to established policies; administrative decisions must not contravene due processes.
Promotional benefits must be granted from the actual date of promotion, not from the date of notification, ensuring equal treatment for similarly situated employees.
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