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2025 DAILYLAW 11322 (JHR)

ASHIQUE HUSSAIN v. THE STATE OF JHARKHAND

WPC/2161/2025 · 2025-05-07

Deepak Roshan

body2025

Judgment text

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2025:JHHC:13784 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2161 of 2025 -- Ashique Hussain aged about 62 years son of Late Sobrati Ansari, resident of Shahapur, Ρ.Ο.-Chainpur, P.S.- Medninagar, District-Palamau, Jharkhand ..........Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Road Construction Department, Ministry of Road Transport, HEC Colony, Sec-1. Near Sahid Maidan, Dhurwa, Ranchi-834004, P.O+P.S-Dhurwa 3. The Superintending Engineer, Road Construction Department, Road Division, Daltonganj, P.O, P.S & District- Daltonganj, Palamau 4. The Executive Engineer, Road Construction Department, Road Division, Daltonganj, P.O, P.S & District- Daltonganj, Palamau .......Respondents ---- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner : M/s. Sourav Arun, Bhanu Kumar No. 1, Advocates For the Respondents : Mr. Manoj Kumar, G.A.-III - 02/07.05.2025 The instant writ application has been preferred by the petitioner for the following reliefs: (i) For a direction upon the respondent authorities to confirm the service of the petitioner as working since 2007 and till date his service has not been confirmed for the reason best known to the respondent authorities, for which the petitioner is not getting the retiral benefit though all the benefit arising out of service has been given to the petitioner, service book has been opened and only leave encashment has been given and rest of retiral benefit has not been given and after confirming the service of the petitioner, pay pension, gratuity and group insurance and GPF. (ii) For a further direction upon the respondent authorities to consider his case for grant of 1 ACP on completion of qualified period of 12 years but till date neither the petitioner has been given any promotion nor his case has ever been considered for grant of 1 ACP. 2. Learned counsel for the petitioner submits that due to inaction of the respondents the services of the petitioner has not yet been confirmed and due to that 2025:JHHC:13784 2 reason he is being prevented from legitimate dues; as such, he prays that the instant writ application may be disposed of by directing the 3rd Respondent to consider the case of the petitioner and take a decision, in accordance with law, as he has already been recommended vide Annexure-6. 3. Learned counsel for the respondents submits that since no counter affidavit has been filed; as such, the petitioner may be directed to file a fresh representation. 4. Having regard to the aforesaid submission of learned counsel for the parties, the instant writ application is disposed of by directing the 3rd Respondent to treat this writ application as representation and take a decision in the matter, in accordance with law and applicable Rules and Regulation by passing a reasoned and speaking order keeping in mind the recommendation made earlier as is apparent from Annexure-6. The entire exercise shall be completed within a period of 12 weeks. If the order is passed in favour of the petitioner, the consequential benefit be extended to him within a further period of 4 weeks. The petitioner is directed to serve copy of this writ petition along with its order to the concerned respondent. 5. With the aforesaid observations/directions, the instant writ application stands disposed of. (Deepak Roshan, J.) jk