JHARKHAND HIGH COURT ISSUES ORDER ON JAGU ORAON V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Feb. 5 -- Jharkhand High Court issued the following order on Jan. 5:

1 Heard learned counsel representing the petitioner and learned counsel representing the respondents.

2. This writ petition has been filed by the petitioner praying therein for a direction upon the respondents to issue a joining letter to the petitioner, as he has been promoted to the post of Block Panchayat Raj Officer, vide order as contained in Memo No.1445 dated 27.06.2024. The petitioner further prays for payment of all the consequential benefits arising out of such promotion.

3. It is the case of the petitioner that the petitioner was promoted to the post of Block Panchayat Raj Officer, vide Memo No.1445 dated 27.06.2024, but the joining letter was not given to the petitioner, thus he is not getting the consequential benefits of such promotion.

4. In the counter affidavit filed by the respondent, it has been stated that the petitioner had not assumed the charge, that is the reason, he is not entitled to get any benefit, though the respondents have sought instructions.

5. After going through the counter affidavit filed by respondent No.5, specially para-12, I find that the respondent has stated that the petitioner has given his joining on the promoted post at Kairo Block, but he has not taken the charge of the promoted post.

6. This Court fails to understand the aforesaid submission made by respondent No.5 - The District Panchayat Raj Officer, Lohardaga. Once a person has given his joining on the promoted post, it will be presumed that he has taken charge of the said promoted post. Thus, the plea of the respondents in view of Rule 58 of the Jharkhand Service Code, cannot come in the way of respondents to give benefit to the petitioner.

7. It is pertinent to mention that Rule 58 of the Jharkhand Service Code provides that the Government servant shall begin to draw the pay and allowances attached to his tenure of a post w.e.f. the date on which he assumes the duty of the said post.

8. In this case, from para-12 of the counter affidavit, it is clear that the petitioner has joined the said post. The said date of joining will be treated to be the date of his assumption of duty to the promoted post. The respondents are thus directed to accept the same and pay the consequential benefits to the petitioner.

9. With the aforesaid direction, this writ petition stands disposed of.

Disclaimer: Curated by HT Syndication.