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High Court of Jharkhand · body

2025 DAILYLAW 3885 (JHR)

VED PRAKASH v. THE STATE OF JHARKHAND THROUGH THE SECRETARY PRINCIPAL SECRETARY, EXCISE AND PROHIBITION DEPARTMENT

WPC/711/2025 · 2025-02-18

Sri Ananda Sen

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No.711 of 2025 ----- Ved Prakash, S/o Late Kanhaiya Shah, R/o village-Shankar Saraiya, P.O. & P.S.-Turkaulia, District-East Champaran (Bihar). … Petitioner. Versus 1. The State of Jharkhand through the Secretary/Principal Secretary, Excise and Prohibition Department, having office at Utpad Bhawan, New Police Line, Kanke, P.O.-Kanke, P.S.-Gonda, District-Ranchi. 2. Deputy Secretary to Government, Department of Excise and Prohibition, having office at Utpad Bhawan, New Police Line, Kanke, P.O.-Kanke, P.S.-Gonda, District-Ranchi. … Respondents. CORAM : SRI ANANDA SEN, J. ------ For the Petitioner : Mr. Manoj Tandon, Advocate : Mr. Adamya Kerketta, Advocate For the Respondents : Ms. Sweta Shukla, A.C. to A.A.G.-II …...... 02 /18.02.2025: In this writ petition the petitioner has prayed for a direction upon the respondents to consider the case of the petitioner for promotion from post of Excise Clerk to the post of Sub-Inspector Excise in grade pay of Rs.2400/- in the pay matrix Level-4. He also prays that the promotion should be granted from the date when his immediate juniors were promoted. 2. The petitioner claims that he is working as Excise Clerk and as per the seniority list his possession is at serial no. 37 whereas Shri Kumar Rahul and Shri Bikram Kumar Shah is placed at serial nos. 37 and 41 respectively. The petitioner further contends that Shri Kumar Rahul and Shri Bikram Kumar Shah were promoted by office order contained in Memo no. 2117 dated 30.08.2022, however the petitioner has been left out for reasons unknown. He submits that suffice it would be if a direction be given to the Secretary/Principal Secretary, Excise and Prohibition Department-respondent no.1 2 to consider the case of the petitioner and pass a reasoned order. 3. The learned counsel for the State also doesn’t oppose the aforesaid prayer of disposal of this writ application relegating the petitioner to the Secretary. 4. It is well settled that an employee does not have any right to be promoted rather his right is confined only to be considered for promotion. Once it is brought to the notice of this Court that immediate junior to the petitioner has been promoted, right accrues in favour of the petitioner to be considered for promotion. In this writ application the petitioner claims that his case was not considered though juniors have been promoted. 5. Considering the fact that the case of the petitioner was not considered and as per the writ petition his immediate juniors were promoted, this court feels that the case of the petitioner should be considered by the Secretary/Principal Secretary, Excise and Prohibition Department-respondent no.1. 6. Considering the aforesaid fact, the petitioner is directed to approach the Secretary, Excise and Prohibition Department within four weeks from today and place his claim before him who will consider the case of the petitioner for promoting him to the next promotional post i.e. the post of Sub-Inspector Excise. 7. If it is found that the petitioner is entitled for any relief the same should be extended to the petitioner and the date of his promotion should be made effective from the date when his immediate juniors have been granted promotion. If it is found that the petitioner is not entitled to be promoted for any reason whatsoever, the reasons thereof should be communicated to the petitioner immediately. 3 8. The entire process should be completed within a period of eight weeks from the date of receipt to the copy of this order along with representation of the petitioner. 9. The writ petition is disposed of. (ANANDA SEN, J.) Arpit/