GARIB HARIJAN v. THE STATE OF JHARKHAND REPRESENTED THROUGH SECRETARY DEPTT OF PANCHAYATI RAJ
WPC/4901/2021 · 2025-10-06
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34828 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34828 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:30697 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4901 of 2021 ------ Garib Harijan S/o Lakhan Harijan, aged about 54 years, residents of Belbadda, Kanchanpur, PO & PS-Belbadda, District-Godda.
… … Petitioner(s) Versus
1. The State of Jharkhand represented through Secretary, Department of Panchayati Raj, at, PO & PS-Dhurwa, District- Ranchi.
2. Director, Panchayati Raj, AT PO & PS-Dhurwa, District- Ranchi.
3. Deputy Commissioner, Godda, at, PO, PS & District-Godda.
4. District Panchayati Raj Officer, at, PO, PS & District-Godda.
… … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------
For the Petitioner(s) : Mr. Jitesh Kumar, Advocate
For the Respondent(s) : Mr. Rahul Kamlesh, AC to SC-IV
------ 06/ 06th October,2025
1.
Heard the parties.
2.
By filing this writ petition, the petitioner who is working as the Panchayat Sewak prays to promote him to the next higher post i.e., Block Development Officer as per the rule and regulation of Panchayati Raj Act, since he has completed 12 years of service.
3.
Promotion is not a fundamental right, though the petitioner has right to be considered. There is nothing on record to suggest that any junior to the petitioner has been promoted to any higher post. Further, there cannot be a direct promotion to the post of Block Development Officer from the post of Panchayat Sewak.
4.
The petitioner has brought to the notice of this Court Annexure-5 of the supplementary affidavit wherein a recommendation has been made to give the petitioner the charge of Block Panchayati Raj Officer. Further in the counter-affidavit also, the State has accepted that if at all the petitioner can be promoted, he can be promoted to the post of Block Panchayati Raj Officer.
5.
Considering the said submissions made in the counter- affidavit, I direct the Deputy Commissioner, Godda to consider the claim of the petitioner for promotion along with the other similarly situated person and if it is found that the petitioner is eligible for
2025:JHHC:30697 2
the said post and can be promoted as per law along with others considering the seniority, an appropriate order should be passed within a period of ten weeks from the date of receipt of copy of this order.
6.
With the aforesaid observations, this writ petition stands disposed of.
(ANANDA SEN, J.)
06th October, 2025 Sandeep, cp2