1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.6961 of 2012 ------ Ram Prabodh Pandey, son of Late Madan Mohan Pandey, resident of Bhiktauli, P.O. Sandesh, District Bhojpur, Bihar. … … Petitioner Versus 1. The State of Jharkhand. 2. Secretary, Water Resources Department, Government of Jharkhand, Nepal House, Doranda, Ranchi. 3. Deputy Secretary, Water Resources Department, Government of Jharkhand, Nepal House, Doranda, Ranchi. 4. Chief Engineer, Water Resources Department, Government of Jharkhand, Nepal House, Doranda, Ranchi. 5. Superintending Engineer, Water Resources Department, Government of Jharkhand, Nepal House, Doranda, Ranchi. 6. Executive Engineer, Canal and Canal Block, Ranchi. … … Respondents ------ CORAM : SRI ANANDA SEN, J ------ For the Petitioner(s) : Mr. Rakesh Kr. Roy, Advocate Mr. Rishikesh Giri, Advocate For the Respondent(s): Mr. Aditya Raman, AC to GA-III ------ 12/ 30.01.2025 By way of filing this writ petition, the petitioner has sought for following reliefs:- a. “For issuance of an appropriate writ(s) order(s), direction(s) commanding upon the respondents to consider the case of the petitioner for promotion to Junior Selection Grade and Head Clerk and further to the post of Head Assistant as Juniors to the petitioner have already been considered and granted promotion to the post of Junior Selection Grade, Head Clerk and further to the post of Head Assistant. AND / OR b. For the issuance of any other appropriate writ order/direction for doing conscionable justice to the petitioner. And c. During the pendency of the instant writ petition, the order dated 04.10.2012 may kindly be stayed/ kept in abeyance.” 2. The petitioner seeks promotion to the post of Junior Selection Grade and Head Clerk and further to the post of Head Assistant. 2 3. It has been submitted by learned counsel representing the respondents that the petitioner has already been superannuated from service. 4. The Hon’ble Supreme Court in the case of State of Bihar & Ors. Vs. Akhouri Sachindra Nath & Ors. reported in (1991) Suppl. (1) SCC 334, has held that retrospective seniority cannot be given to an employee from a date when he was not even borne in the cadre, nor can seniority be given with retrospective effect as that might adversely affect others. 5. The Hon’ble Supreme Court in its very recent judgment in the case of Government of West Bengal & Ors. Vs. Dr. Amal Satpathi & Ors. reported in (2024) SCC OnLine SC 3512, has held that it is a well settled principle that promotion becomes effective from the date it is granted, rather than from the date a vacancy arises or the post is created. While the Courts have recognized the right to be considered for promotion as not only a statutory right but also a fundamental right, there is no fundamental right to the promotion itself. It has further held at para-21 that promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation. 6. To get the benefit of promotion, a person should assume the charge of the post. If a person superannuates before assuming the charge, he is not entitled for the aforesaid benefits nor can be promoted, which is the case here, as the petitioner has admittedly superannuated. 7. Considering the aforesaid judgments, I find that no relief can be granted to the petitioner. 8. Accordingly, this writ petition is dismissed. 9. I.A. No.7223 of 2013 stands disposed of accordingly. (ANANDA SEN, J.) Prashant.Cp-2