2025:JHHC:17037 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2977 of 2025 Nivedita Rai, aged about 44 years, wife of Mrityunjay Kumar, resident of House NO.14, Pragati Vihar, Bye Pass Road, Dibdih, Doranda, PO- Doranda, PS-Doranda, District-Ranchi ... … Petitioner(s) Versus 1.The State of Jharkhand. 2. The Principal Secretary, Department of Personnel Administrative Reforms & Rajbhasa, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi. 3. The Secretary / Principal Secretary, Women Child Development and Social Security Department, having office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, Town and District Ranchi. 4. Member Board of Revenue, Government of Jharkhand, having office at 1st Floor, H.T.I. Building, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District Ranchi. 5. The Under Secretary, Women Child Development and Social Security Department, having office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, Town and District Ranchi. … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : M/s Navin Kumar Singh, Soumya Rai, Vipul Vinopum, Advocates For the Respondent(s) : Mr. Abhinay Kumar, AC to GA-I -------- 02 /Dated: 26th June 2025 The instant writ application has been preferred by the petitioner for the following reliefs: “(i) For issuance of an appropriate writ / writs, direction / directions or order/orders, a writ of mandamus or a writ in the nature of mandamus or any other appropriate Writ, Order or Direction under Article 226 of the Constitution of India, ordering and directing to amend and rectify the final gradation list of the officers of Assistant Director, Social Security Service to be promoted to the post of Deputy Director, Social Security Service, published vide letter dated 03.01.2025 (Annexure-11) under the pen and signature of Under Secretary, Women Child Development & Social Security Department, whereby and whereunder the person namely Ravi Shankar Mishra who has joined service after one year and six months on humanitarian ground in violation of the rules, government circular even he has not born in the cadre when the petitioner was eligible for promotion has been placed as senior; AND (ii) For further writ/order/direction upon the respondents to take a 2025:JHHC:17037 2 decision on the objection of the petitioner to the seniority list before giving effect to the seniority list; AND (iii) During the pendency of the writ petition, the seniority list dated 03.01.2025 (Annexure-11), may kindly be ordered to be stayed; AND (iv) For any other appropriate relief / reliefs for which the petitioner is legally entitled in the facts and circumstances of the case as also to do conscionable justice to the petitioner.” 2. The brief facts of the case are that the services of the petitioner were governed by the Rules known as Jharkhand Social Security Service Rules, 2011 which was notified on 11.10.2011; Clause 8 of which stipulates that the merit list is effective for one year and after completion of one year, no appointment shall be made. Pursuant to notification dated 08.07.2016, the petitioner along with others have joined except the person namely Shri Ravi Shankar Mishra whose name appears at Sl.No.4 which is evident from the notification dated 08.07.2016 (Annexure-1 of the writ petition) has not joined. It is further stated that as per the rule for confirmation of the service, out of fourteen persons only 05 persons have passed the departmental examination and pursuant thereto, the services of the petitioner along with other four persons were confirmed for which a notification was published on 21.08.2020. It is further stated that the Clause 10 of Jharkhand Social Security Service Rules, 2011, stipulates that the Kalawadhi of six years for promotion from the post of Assistant Director, Social Security Service to Deputy Director, Social Security Service was fixed. Even notification dated 04.04.2014 issued by the Department of Personnel Administrative Rajbhasa & Reforms, Government of Jharkhand, have fixed the Kalawadhi of six years for promotion to the petitioner and for which the Departmental Promotion Committee has to be held twice in a year. 3. Learned counsel for the petitioner submits that after completion of Kalawadhi of 6 years for promotion on the post of Deputy Director, Social Secretary, he gave representation on several occasions (Annexure-5 series); 2025:JHHC:17037 3 however, the same was not considered and thereafter a provisional merit list was uploaded in the website on 28.06.2024 placing the person namely Sri Ravi Shankar Mishra above the petitioner and thereafter the petitioner filed an objection before the respondent-authorities with regard to the anomaly in the provisional merit list. The said objection is at Annexure-8 to the application. Learned counsel contended that at this stage it would be sufficed that the Respondents may be directed to decide the objection dated 13.07.2024 in accordance with applicable rules and regulation, inasmuch as, the said Ravi Shankar Mishra has been placed above the petitioner who joined the service after 1½ years of this petitioner. 4. Learned counsel for the respondents submits that since no counter affidavit has been filed as such the petitioner may be relegated to the concerned authority who shall decide the objection. 5. Having regard to the aforesaid facts and looking to the averments made in this writ application, the same is hereby disposed of by directing the 3rd Respondent to dispose of the objection raised by this petitioner with regard to the anomaly in the provisional merit list in accordance with law and applicable rules and regulations within a period of 12 weeks from the date of receipt/production of copy of this order. For brevity, the petitioner shall serve a copy of the writ application along with copy of this order for convenience to the respondent concerned. 6. Accordingly, the instant writ application stands disposed of. (Deepak Roshan, J.) Amit