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2025 DAILYLAW 18662 (JHR)

SANJAY KUMAR v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

WPC/5145/2025 · 2025-09-16

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:28347 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No.5145 of 2025 ----- 1. Sanjay Kumar, aged about 63 years, son of Late Ramji Prasad, resident of Bhaskar Residency, Kalibabu street, P.O.- GPO, P.S. Kotwali, District-Ranchi-834001, Jharkhand. 2. Ravi Prakash Rounak, aged about 63 years, son of Late Rajkumar Prasad, resident of 306, Shailesh Vihar, Deputy Para, Kutchery Chowk, P.O.- GPO, P.S.- Lalpur, District- Ranchi- 834001, Jharkhand. 3. Saday Kumar aged about 63 years, son of Harendra Prasad Shahi, resident of Qr. No. 818, Sector-1/C, Bokaro Street City, Bokaro, Ρ.Ο.-Bokaro, P.S.- Bokaro Steel City, District- Bokaro- 827001, Jharkhand. 4. Pradeep Kumar (Pradeep Kumar-1) aged about 63 years, son of Baldeo Prasad, resident of Flat No. 302A, Aishwary Apartment, North Office Para, Doranda, Behind A.G. Office, P.O.- Doranda, P.S.-Doranda, District- Ranchi-834002, Jharkhand. … Petitioner(s). Versus (1) The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Project Building, P.O.- Dhurwa, P.S.- Dhurwa, District- Ranchi-834004. (2) The Secretary, Department of Commercial Taxes, Government of Jharkhand, Project Building, P.O.- Dhurwa, P.S.- Dhurwa, District- Ranchi, Jharkhand. … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ashok Kumar Jha, Advocate For the State : Mr. Kunal Chandra Suman, AC to GP-II …...... 02 /16.09.2025: Heard the parties. 2. In this case the petitioners have prayed for grant of promotion, with retrospective effect i.e. from 24.02.2021 with all financial benefits, to the post of Additional Commissioner, State Tax as the same has been granted to the similarly situated officers, even one of them are junior to the petitioners. 3. It is the case of the petitioners that in terms of notification contained in Memo No. 2013 dated 10.04.2023 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, 2025:JHHC:28347 2 Government of Jharkhand, the promotion was given. 4. The petitioners claimed they are eligible to be promoted to the aforesaid post which they are claiming. Once the junior has been promoted, their right has been violated. It is their case that their case should be considered and the fact that the junior has been promoted should also be taken into consideration, thereafter the representation of the petitioners be disposed of. 5. Learned counsel appearing on behalf of the respondents submits that if the petitioners files detailed individual representation giving proof of the fact that juniors have been promoted, their case will also be individually considered and an appropriate order will also be passed. 6. Considering the submission of the parties, I direct the petitioners to file detailed representation before the respondent no. 2-Secretary, Department of Commercial Taxes. The petitioners will annex all their documents including the details by which junior to the petitioners has been promoted. Once the representation is filed within four weeks, the respondents will consider the case of individual petitioners and pass an appropriate order on their representation within two weeks thereafter. 7. If a junior is found to have been promoted, the same fact will also be taken note of by the respondent no. 2-Secretary, Department of Commercial Taxes. If the case of the petitioners is necessary to be placed before any Committee or Authority, the same should also be placed within the aforesaid period. A reasoned order should be passed and the same should be communicated to the petitioner. If the petitioners are found to be eligible for relief, appropriate relief should be granted to the petitioners. 8. With the aforesaid observation, this writ petition stands disposed of. (ANANDA SEN, J.) Tanuj/CP-2