Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:14321
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.2155 of 2025
------- Kailash Ram, aged about 58 years, son of Shri Shyamraj Ram, Resident of Railway Traffic Colony, Jamshedpur, P.O.- Tatanagar, P.S.- Baghbera, District East Singhbhum, Jharkhand.
...… Petitioner
Versus
1. The State of Jharkhand,
2. The Chief Secretary, Government of Jharkhand, having its office at Project Building, PO & PS Dhurwa, District: Ranchi, Jharkhand.
3. The Principal Secretary/Secretary, Drinking Water and Sanitation Department, Government of Jharkhand, having its office at Nepal House, PO & PS: Doranda, District: Ranchi, Jharkhand
4. The Engineer in Chief, Drinking Water and Sanitation Department, Government of Jharkhand, having its office at Nepal House, PO & PS: Doranda, District: Ranchi, Jharkhand
5. The Joint Secretary, Drinking Water and Sanitation Department, Government of Jharkhand, having its office at Nepal House, PO & PS: Doranda, District: Ranchi, Jharkhand
6. The Deputy Secretary, Drinking Water and Sanitation Department, Government of Jharkhand, having its office at Nepal House, PO & PS: Doranda, District: Ranchi, Jharkhand
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7. The Under Secretary, Drinking Water and Sanitation Department, Government of Jharkhand, having its office at Nepal House, PO & PS: Doranda, District: Ranchi, Jharkhand.
8. The Executive Engineer, Drinking Water and Sanitation Division, Jamshedpur, PO & PS: Adityapur, District: East Singhbhum, Jharkhand…. Respondents
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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : Mr. Abhijeet Kr. Singh, Adv.
For the Res. State : Mr. Devesh Krishna, SC (Mines)-III
: Mr. F. Allam, Adv.
------- 02/Dated:08.05.2025
1.
The instant application has been preferred by the petitioner for following relief:-
(i) For a direction upon respondent to consider the claim of the petitioner for his promotion on the post of Assistant Engineer from the date of his entitlement when junior of the petitioner in gradation list has been granted promotion as he fulfills all criteria for promotion, posts are also lying vacant and he has been exonerated in departmental proceeding but inspite of that his claim has not been considered which is not only arbitrary but also in the teeth of
judgment of Hon'ble Apex Court rendered in case of Union of India Etc. Vs. K.V. Jankiraman (1991(4) SCC 109).
(ii) For direction upon the respondents to grant all consequential benefits pursuant to his promotion on post of Assistant Engineer with appropriate cost and interest as it
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is due to fault and latches on part of respondents who are keeping the matter pending inspite of repeated representations of the petitioner.
2.
Learned counsel for the petitioner submits that he represented several times before the respondent authorities but the claim of this petitioner has not yet been redressed; as such the respondents may be directed to take a decision and pass a reasoned order in the matter in accordance with law with regard to the claim made by the petitioner in the present writ application.
3.
Learned counsel for the Respondents submits that since no counter affidavit has been filed till date, as such the instant writ application may be disposed of by directing the petitioner to file a fresh representation before the concerned respondent.
4.
Having regard to the aforesaid
facts and circumstances of the case, the instant writ application is hereby disposed of by directing the concerned respondent to treat this writ application as representation and take a decision in the matter with regard to the claim made by the petitioner in accordance with law and applicable rules and regulations by passing a reasoned and speaking order within a period of 16 weeks from the date of receipt/production of a copy of this order.
The petitioner is also directed to serve a copy of this writ application to the concerned Respondent at the earliest.
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It goes without saying that if the claim of the petitioner is found to be genuine then consequential benefits must be extended to the petitioner within a further period of Six weeks.
5.
With the aforesaid observation and direction, the instant writ application stands disposed of. Pending I.A.s if any, also closed.
(Deepak Roshan, J.)
Fahim/-