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2025 DAILYLAW 36125 (JHR)

SUMAN KUMAR SHAHI v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

WPC/7559/2025 · 2025-12-23

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:38635 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 7559 of 2025 ------ Suman Kumar Shahi, aged about 60 years, S/o Late Brajdhesh Shahi, residing at Mohalla-Nivaranpur, PO & PS-Doranda, Town and District-Ranchi. … … Petitioner(s) Versus 1. The State of Jharkhand through the Chief Secretary, having office at Project Building, Dhurwa, PO & PS-Dhurwa, Town and district-Ranchi. 2. the Secretary, Personnel, Administrative Reforms and Rajbasha Department, Government of Jharkhand, having office at Project Building, Dhurwa, PO & PS-Dhurwa, Town and District-Ranchi. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Manoj Tandon, Advocate Ms. Shivani Bhardwaj, Advocate Mr. Siddharth Ranjan, Advocate Ms. Akanksha Priya, Advocate Mr. Ritwik Raj, Advocate For the Respondent(s) : Mr. Amitesh Kumar Geasen, AC to AAG-IA ------ 02/ 23rd December,2025 1. Heard the parties. 2. It is the case of the petitioner that the petitioner is superannuating on 31.12.2025. He submits that there are three posts vacant and as per the seniority list, he is placed at Serial No.689, whereas the person who is placed at serial No.686, has already been promoted. Thus, including the petitioner, there are two persons and there are three vacant posts of Unreserved Category. Thus, the petitioner can be considered for promotion as before the date of his superannuation, the vacancies are there in the cadre of the post of Joint Secretary, in which the petitioner seeks promotion. He relies upon the judgments of the Hon’ble Supreme Court in the case of “Major General H.M. Singh Vs. Union of India & Anr.”, reported in (2014) 3 SSC 670. 3. Considering the submission of the petitioner and the fact that the petitioner is superannuating on 31.12.2025, I direct 2025:JHHC:38635 2 the respondents to consider the case of the petitioner taking into consideration the judgment of the Hon’ble Supreme Court in Major General H.M. Singh (Supra) and considering as to whether there is any vacancy in the category of the petitioner or not and thereafter pass a reasoned order preferably before superannuation of the petitioner. 4. With the aforesaid observations, this writ petition stands disposed of. (ANANDA SEN, J.) 23.12. 2025 S.K.D., cp2 Uploaded on 23.12.2025