1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(C) No. 567 of 2025 ---- Sudhir Pathak, aged about 63 years, son of late Sridhar Pathak, Resident of House No. 119, Ward No. 3, Srikant Road, Balabagan, PO & PS-Deoghar, District-Deoghar .......Petitioner Versus 1. The State of Jharkhand 2. The High Court of Jharkhand through the Registrar General, PO & PS- Jagganathpur, District-Ranchi 3. The Principal District Judge, Deoghar, PO & PS-Deoghar Town, District- Deoghar .....Respondents --- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK ROSHAN --- For the Petitioner : Mr. Pankaj Srivastava, Advocate For the Respondents : Mr. Gaurav Raj, AC to AAG-II --- 3/Dated: 04.03.2025 M. S. Ramachandra Rao, C.J. (Oral) 1. The petitioner retired on 28.02.2025 on attaining the age of superannuation at which point of time he was working as Head Comparing Clerk. He has filed this writ petition challenging the order dated 15.10.2024 of the Principal District and Sessions Judge, Deoghar rejecting his plea for promotion with effect from 01.08.2013, Grade-Pay of Rs. 5400/- notionally from 01.08.2013 and also seeking actual payment from 20th March, 2015 when he joined in the post of Sheristedar of the Family Court. 2. In the impugned order, the Principal District and Sessions Judge, Deoghar held that after the implementation of Assured Career Progression Scheme from 09.08.1999, time-bound promotions under Junior Selection Grade and Senior Selection Grade were abolished, and those like the petitioner, who were promoted under the time-bound scheme as Junior Selection Grade Assistant, were absorbed in the ACP Scheme from 09.08.1999 after bringing every employee under the basic grade except the post as defined in categories 1 and 2 i.e. under need based post. 3. Petitioner contends that under the time-bound scheme he was given promotion in the cadre of Junior Selection Grade with effect from 16.07.1991 and that cannot be ignored for the purpose of his seniority. 2 4. If the said promotion given to the petitioner to the cadre of Junior Selection Grade Assistant under the time-bound scheme ended on the implementation of the Assured Career Progression Scheme from 09.08.1999, and all the persons including the petitioner were brought under the basic grade, and the petitioner never complained and accepted the benefit under the Assured Career Progression Scheme from 09.08.1999, after his retirement on 28.02.2022 petitioner cannot now contend that his promotion made as Junior Selection Grade Assistant with effect from 16.07.1991 should now be taken into account and he be given seniority on that basis. The acquiescence of the petitioner to the action of the respondents in bringing him under the basic grade after the implementation of the Assured Career Progression Scheme from 09.08.1999 and his silence for 23 years disentitles the petitioner from seeking the said benefit. 5. Counsel for the petitioner raises a further contention that the petitioner had been promoted as a Sheristedar of the Family Court but there is admittedly no formal order appointing him as Sheristedar and the Principal District and Sessions Judge, Deoghar has held that it was only an in-house arrangement through transfer and posting of Class-III staffs for smooth working. In other words, it was in the nature of an officiating arrangement and it is settled law that officiating arrangements do not confer any right. Even his post as a Head Comparing Clerk was held by the Principal District and Sessions Judge, Deoghar to be only an in-house arrangement without reference to his seniority. Therefore, even the same can only be treated as an officiating arrangement without conferring any right to the petitioner in the said position. 6. In this view of the matter, we do not find any merit in the writ petition. 7. Accordingly, the writ petition is dismissed. 8. Pending I.A., if any, also stands closed. (M. S. Ramachandra Rao, C.J) (Deepak Roshan, J.) Amit/Vedanti