2025:JHHC:13414 1 W.P.(S) No.7267 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.7267 of 2023 .... Kanhai Prasad aged about 56 years, son of Shri Sita Ram Prasad, Resident of Village- Dumri, Post-Chechari, P.S.-Obra, District-Aurangabad, (Bihar) .… Petitioner Versus 1. The State of Jharkhand 2. The Principal Secretary, Road Construction Department, Government of Jharkhand, having its office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi 3. The Joint Secretary, Road Construction Department, Government of Jharkhand, having its office at Project Building, P.O. & P.S.-Dhurwa, District-Ranchi 4. The Under Secretary, Road Construction Department, Government of Jharkhand, having its office at Project Building, P.O. & P.S.-Dhurwa, District-Ranchi 5. The Engineer in Chief, Road Construction Department, Government of Jharkhand, having its office at Project Building, P.O. & P.S.-Dhurwa, District-Ranchi .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Krishna Murari, Adv. For the Respondents : Md. Shahabuddin, SC-VII : Mr. Suraj Prakash, AC to SC-VII .... 08/02.05.2025 1. Heard learned counsel for the parties. 2. The present writ petition has been filed for the following reliefs:- a. For quashing the unilateral notification bearing Memo No.2455(s) dated 05.07.2022 (Annexure-7), issued under the signature of Under Secretary, Road Construction Department, Government of Jharkhand, whereby & where under, the Settled Seniority Position of the petitioner in the Final Gradation List dated 18.03.2016 (Annexure-5) at serial No.304 has been slashed down to the seniority position at 342 (d), which is wholly illegal, arbitrary and unconstitutional besides being wholly without jurisdiction and in violation of principles of natural justice and fair play. b. Consequently, for direction upon the respondents to restore the seniority position of the petitioner at serial No.304 and grant all consequential benefits including due promotion to the cadre of Superintending Engineer, treating his seniority position at serial No.304 based on which, promotion to the cadre of Executive Engineer vide notification No.3755 (s) dated 21.10.2022 (Annexure-8) has been granted. c. For direction upon the respondents to award suitable cost and compensation for putting the petitioner in undue mental and physical harassment for the impugned arbitrary, illegal and unconstitutional action in abdication of their power and authority as conferred under law. 2025:JHHC:13414 2 W.P.(S) No.7267 of 2023 d. During pendency of this application the operation and implementation of the unilateral notification bearing Memo No.2455(s) dated 05.07.2022 (Annexure-7) may kindly be stayed. 3. From the argument and pleadings, it appears that- a. The petitioner was appointed as Junior Engineer on ad-hoc basis in NREP scheme on 04.07.1987. b. The petitioner was subsequently appointed as regular Junior Engineer pursuant to Staff Selection Commission by the Road Construction Department vide notification dated 11.04.1991. c. With the concurrence of Bihar Public Service Commission, the petitioner has been promoted to the post of Assistant Engineer in the cadre of Bihar Engineering Services Class-II on 04.11.1993 counting his service from 04.07.1987 i.e. the date of ad-hoc appointment under the NREP scheme by the then Bihar State. On bifurcation of the State, the petitioner has been allocated Jharkhand cadre and accordingly he has joined on 12.02.2008. The services of the petitioner was confirmed as Assistant Engineer w.e.f. 04.11.1993 vide notification dated 23.10.2009 issued by the Road Construction Department, State of Jharkhand. d. The gradation list of the Assistant Engineer was prepared and published on 05.05.2015 and the seniority of the petitioner was determined at serial No.311. 4. It appears that some objection has been filed by one and another person and accordingly the gradation list has been amended and the seniority of the petitioner has been finally determined at serial No.304 vide seniority list dated 18.03.2016. Petitioner was given posting as In-charge Executive Engineer on the strength of seniority on 03.08.2021. Subsequently the seniority of the petitioner has been disturbed and he has been reduced from 304 to 342 (d) vide correction Notification No.2455(s) dated 05.07.2022 and the same has been impugned in the present writ petition. The impugned notification has been issued on the strength of the letter of the State Government on the strength of letter No.10542 dated 03.12.1999, wherein kalaawadhi has been decided for giving promotion to the post of Assistant Engineer from Junior Engineer. 5. The point raised before this Court by the learned counsel for the petitioner is that- i. The civil right/status of the petitioner has been disturbed without issuing any show cause or any proceeding. 2025:JHHC:13414 3 W.P.(S) No.7267 of 2023 ii. Initial date of appointment of the petitioner has been disturbed after 30 years while the same has been approved by the Bihar Public Service Commission. 6. Learned counsel for the State-Jharkhand has submitted that the decision has been taken on the strength of Notification dated 03.12.1999 which provides “Kalaavadhi” for promotion to Assistant Engineer. 7. Having heard learned counsel for the parties. This Court finds that- i. Under the provisions of Bihar Reorganization Act, 2000 once the service is allocated to one and another State then that employee is supposed to be the employee of that allocated State from the initial date of appointment. Other State has no control whatsoever. This has dealt in Sections 72 and 74 of Part-VIII of the Bihar Reorganization Act, 2000. ii. Initial date of appointment which has been approved by the State Public Service Commission cannot be disturbed after 30 years of service and that too without following any procedure. iii. The civil right/status of the petitioner has been disturbed without following principle of natural justice i.e. without giving any notice whatsoever. iv. Once a promotion has been given from Junior Engineer to Assistant Engineer and approved by the Bihar Public Service Commission then that cannot be cancelled by the Government without initiation of any procedure. This is per se illegal. Law is settled that any result can be produced only by initiating an authorized proceeding under a prescribed law. 8. In the present case, promotion granted on the strength of approval of the State Public Service Commission has been sought to be modified by the State of Jharkhand. 9. It is also settled principle of law that allocation has been made alongwith the status. Once the petitioner has been allocated to the State of Jharkhand to the post of Assistant Engineer and State has also accepted, rather the State was under obligation to accept the petitioner on the post of Assistant Engineer. 10. Now, under the Bihar Reorganization Act, 2000 the State of Jharkhand is not competent to disturb the date of promotion and that too which has been approved by the State Public Service Commission. 11. In view of above discussion, this Court finds that the impugned notification is wholly without jurisdiction. Accordingly, notification bearing Memo No.2455(s) dated 05.07.2022 (Annexure-7) issued by the Under Secretary, Road Construction Department, Government of Jharkhand, whereby the seniority of the 2025:JHHC:13414 4 W.P.(S) No.7267 of 2023 petitioner has been reduced is, hereby, quashed so far as the present petitioner is concerned. 12. For consequential benefits, petitioner is at liberty to work out his remedy. 13. The present writ petition stands disposed of. (Rajesh Kumar, J.) Shahid/