1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.3883 of 2024 ------ Bhagwan Prasad, son of late Chhathu Bhagat, resident of E/1 498, New Nagra Toli, P.O. & P.S. Lalpur, District Ranchi. … … Petitioner Versus 1. The State of Jharkhand. 2. Additional Chief Secretary, Department of Home, Govt. of Jharkhand, having its office at Project Building, Dhurwa, Ranchi. 3. Principal Secretary, Department of Home, Government of Jharkhand, having its office at Project Building, Dhurwa, Ranchi. 4. Director General cum Inspector General of Police, Government of Jharkhand, having its office at Police House, Dhurwa, Ranchi. 5. Deputy Inspector General of Police (Personnel), Government of Jharkhand, having its office at Police House, Dhurwa, Ranchi. 6. Additional Director General of Police, Special Branch, Government of Jharkhand, having its office at Police House, Dhurwa, Ranchi. … … Respondents ------ CORAM : SRI ANANDA SEN, J ------ For the Petitioner(s) : Mr. Rajendra Krishna, Advocate Mr. Pratyush Shounikya, Advocate Mr. Manish Kumar, Advocate For the Respondent(s): Mr. Mrinal Kanti Roy, GA-I Mr. Abhinay Kumar, AC to GA-I ------ 05/ 22.01.2025 By way of filing this writ petition, the petitioner has sought for following reliefs:- i. “For issuance of an appropriate writ(s)/order(s)/ direction(s) or a writ in nature of certiorari for quashing of the reasoned order dated 30.08.2023 contained in Memo No.3948/Ranchi (Annexure- 17) issued under the signature of Additional chief Secretary, Home Prison and Disaster Management Department, Government of Jharkhand, whereby and whereunder the claim of the petitioner filed through representation dated 16.02.2023 for notional promotion to the post of Dy.S.P. with retrospective effect has been rejected on the ground which are not sustainable in the eyes of law. AND ii. For issuance of an appropriate writ(s)/order(s)/ 2 direction(s) or a writ in nature of mandamus commanding upon the respondents to grant the petitioner notional promotion to the post of Dy.S.P. from the date the persons junior to the petitioner have been given promotion to the post of Dy.S.P.” 2. The petitioner seeks notional promotion to the post of Dy.S.P. with retrospective effect. 3. Admittedly, the petitioner has superannuated from service on 28.02.2014 from the post of Inspector of Police, Special Branch, Ranchi. 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 been 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. 3 6. In the aforesaid judgment, the relevant provisions of Rule 54(1) (a) of the West Bengal Service Rules were considered, as per which, a person shall not draw any higher pay than his substantive pay in respect of the permanent post other than the regular post unless the officiating appointment involves assumption of duties. 7. Similar is the condition laid down under Rule 58 (a) of The Jharkhand Service Code, 2001, which read as follows:- “58. (a) Subject to any exceptions specifically made in these rules and to the provisions of clause (b) of this rule, a Government servant shall begin to draw the pay and allowances attached to his tenure of a post with effect from the date on which he assumes the duties of that post, and shall cease to draw them as soon as he ceases to discharge those duties.” 8. Thus, the provision of law provided in the Jharkhand Service Code in Rule 58 (a) is similar to that of the Rules of West Bengal which has been considered by the Hon’ble Supreme Court. Thus, in my view, the judgment of the Hon’ble Supreme Court is applicable in this case also. 9. Since the petitioner has superannuated, no relief can be granted to the petitioner. 10. Accordingly, this writ petition is dismissed. (ANANDA SEN, J.) Prashant.Cp-2