2025:JHHC:23658 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6016 of 2012 --------- Bhushan Kumar son of Late Jageshwer Saw resident of village – Karmtoli Road Near Ganesh Mandir P.O.+P.S.+DISTT. – Gumla, Jharkhand. ......Petitioner Versus 1. The State of Jharkhand. 2. The Secretary, Karmik Prasasnik Sudhar, Rajbhasha Department, At- Project building Dhurwa P.O.+P.S.-Dhurwa Distt.–Ranchi. 3. The Joint Secretary, Karmik Prasasnik Sudhar, Rajbhasha Department At- Project building Dhurwa P.O.+P+S. –Dhurwa Distt. –Ranchi. 4. The Deputy Secretary (Government of Jharkhand) Karmik Prasasnik Sudhar, Rajbhasha Department At- Project building Dhurwa P.O.+P.S. –Dhurwa, Distt.–Ranchi. 5. The Deputy Commissioner Gumla At- +P.O.P.S.+DISTT.-Gumla. 6. The Additional Collector Gumla At- +P.O.+P.S.+DISTT. –Gumla. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Rajesh Kr. Mishra, Advocate For the Resp.-State : Mr. Ashok Kumar Yadav, Sr.S.C.-I Mr. Anish Kumar Mishra, A.C. to Sr.S.C.-I --------- 30/Dated:-13.08.2025 1. Heard learned counsels for the parties. 2. The instant writ application has been preferred by the petitioner for the following reliefs: (A) To take step forthwith for the promotion of the petitioner as because the petitioner is still working on the post of IIIrd grade and getting the salary of IVth grade without any reason withhold by the respondents. (B) Further commanding upon the respondents to pay 20% Karykari Bhatta of the basic salary of the petitioner which is illegally and without any basis withhold by the respondents after issuance of memo no. 1183(II) / EST Gumla dated 14.12.2007 issued under the signature of the Deputy Commissioner Gumla (Annexure-3) (C) To quash the order issued under the signature of Deputy Commissioner Gumla as contained in Memo No. 46(II) / Establishment Gumla dated 02.02.2009 (Annexure-8) whereby pursuant to the direction passed by this Hon'ble court the claim of the petitioner has been rejected. 3. During pendency of this case on 16.01.2025, this 2025:JHHC:23658 2 Court has passed the following order: “1. Heard the learned counsel appearing for the parties. 2. The learned counsel for the State submits that limited competitive examination for promotion from Group-D to Group-C posts has to be conducted by the Jharkhand Staff Selection Commission. He further submits that District Administration has no power and authority to hold such departmental examination. Any benefit given based on the such examination held by the District Administration is illegal and against the rule. He further submits that Jharkhand Staff Selection Commission has already conducted the examination and final result has also been published but the petitioner has not participated in the same. 3. At this stage, the learned counsel for the petitioner prays for some time to seek instruction from his client as to whether the petitioner has appeared in the said examination conducted by JSSC and became successful or not. 4. List this case after three weeks.” 4. As a matter of fact, from the averments made in counter affidavit which has not been denied by filing any rejoinder, it appears that after bifurcation of State of Bihar, several acts and rules have been adopted by the successor State of Jharkhand for its administrative works. In the case in hand also, the State of Jharkhand has adopted circular No.3/M-1-1097/90-11243-K dated 06.12.1995 relating to promotion to the post of 4th grade employee to 3rd grade employee. Thereafter, vide memo No. 46(II) dated 02.02.2009, decision has been taken by the State of Jharkhand that the Deputy Commissioner of all the districts of State of Jharkhand were neither authorized to conduct such an examination for promotion from the post of 4th grade employee to 3rd grade employee; nor is the competent authority for the same. Rather, it is Jharkhand Staff Selection Commission (JSSC), who is competent authority to conduct any examination for promotion from the post of 4th grade employee to 3rd grade employee. 2025:JHHC:23658 3 5. As a matter of fact, in the light of this averment made in the counter affidavit dated 16.04.2024, this Court has passed the above referred order on 16.01.2025. Pursuant thereto, a supplementary counter affidavit has been filed on 09.08.2024 wherein it has been stated as under: “5. That it is humbly stated and submitted that in the light of the Notification No.-10536 Dated-12.10.2017, Jharkhand Staff Selection Commission has conducted the “Jharkhand State Field Clerk (including Collectorate) Limited Competitive Examination, 2017 pursuant to the Advertisement No. 11/2017. 6. That it is humbly stated and submitted that after successful completion of the examination process (Written Exam and skill Test), The Jharkhand Staff Selection Commission published the final result vide its Important Notice No. 14, dated 27.09.2018.” 6. Having regard to the aforesaid averments which has not been denied by filing any rejoinder and also the factual aspect that any appointment/promotion from 4th grade employee to 3rd grade employee has to be made by the Jharkhand Staff Selection Commission; this Court does not feel it proper to interfere with the action of the respondents. From record, it also does not transpire as to whether the petitioner had appeared in the examination conducted pursuant to Advertisement No.11 of 2017 as stated in para 5 of the supplementary counter affidavit dated 09.08.2024. 7. Having regard to the aforesaid discussion, no relief can be granted to this petitioner. Accordingly, the same is dismissed. 8. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) vikas/-