2025:JHHC:26447 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 268 of 2012 -- Abdul Hannan Akhtar S/o Late Md. Abdullah, Lecturer (Selection Grade) Electronics & Telecommunication, Government Polytechnic, Ranchi resident of Near Chhoti Masjid, Lac Factory Road, First Street, At, P.O. & P.S.- Hindpiri, Town & District-Ranchi-834001 (Jharkhand). .....Petitioner -Versus- 1. State of Jharkhand through the Principal Secretary, Government of Jharkhand, Department of Science & Technology, Nepal House, P.O. & P.S.-Doranda, Town & District-Ranchi-834002 (Jharkhand). 2. The Deputy Secretary to the Government of Jharkhand, Department of Science & Technology, Nepal House, P.O. & P.S.-Doranda, Town & District-Ranchi-834002 (Jharkhand) 3. The Director, Department of Science & Technology, Government of Jharkhand, Nepal House, P.O. & P.S.- Doranda, Town & District-Ranchi-834002 (Jharkhand) 4. The Principal, Government Polytechnic, Ranchi, At & P.O.-Church Road, P.S.-Lower Bazar, Town & District- Ranchi-834001 (Jharkhand) 5. The Principal Secretary, Government of Jharkhand, Department of Finance, Jharkhand Mantralaya, P.O. & P.S.-Dhurwa, Town & District-Ranchi-834004 (Jharkhand). ..Respondents. W.P.(S) No. 261 of 2012 Satya Deo Ram S/o Late Panchratan Ram, Lecturer (Selection Grade) Mechanical Engineering-cum-the Incharge Principal. Government Polytechnic, Ranchi resident of Principal's Residence, Government Polytechnic, At & P.O.-Church Road, P.S.-Lower Bazar, Town & District- Ranchi-834001 (Jharkhand). .....Petitioner -Versus- 1. State of Jharkhand through the Principal Secretary, Government of Jharkhand, Department of Science & Technology, Nepal House, P.O. & P.S.-Doranda, Town & District-Ranchi-834002 (Jharkhand) 2. The Deputy Secretary to the Government of Jharkhand, Department of Science & Technology, Nepal House, P.O. & P.S.-Doranda, Town & District-Ranchi-834002 (Jharkhand). 2025:JHHC:26447 2 3. The Director, Department of Science & Technology, Government of Jharkhand, Nepal House, P.O. & P.S.- Doranda, Town & District-Ranchi-834002 (Jharkhand) 4. The Principal, Government Polytechnic, Ranchi, At & P.O.-Church Road, P.S.-Lower Bazar, Town & District- Ranchi-834001 (Jharkhand) 5. The Principal Secretary, Government of Jharkhand, Department of Finance, Jharkhand Mantralaya, P.O. & P.S.-Dhurwa, Town & District-Ranchi-834004 (Jharkhand). .....Respondents. W.P.(S) No. 262 of 2012 Vijay Shankar Rai S/o Late Navnath Rai, Lecturer (Mathematics), Government Polytechnic, Dumka, residing in H.O.D. Quarter No.1, Government Polytechnic Campus, At & P.O.-Dumka, P.S.-Town Thana Dumka, District- Dumka-814101 (Jharkhand). ........Petitioner -Versus- 1. State of Jharkhand through the Principal Secretary, Government of Jharkhand, Department of Science & Technology, Nepal House, P.O. & P.S.-Doranda, Town & District-Ranchi-834002 (Jharkhand) 2. The Deputy Secretary to the Government of Jharkhand, Department of Science & Technology, Nepal House, P.O. & P.S.-Doranda, Town & District-Ranchi-834002 (Jharkhand) 3. The Director, Department of Science & Technology, Government of Jharkhand, Nepal House, P.O. & P.S.- Doranda, Town & District-Ranchi-834002 (Jharkhand) 4. The Principal, Government Polytechnic, Government Polytechnic, At & P.O.-Dumka, P.S.-Town Thana Dumka-814101 (Jharkhand) 5. The Principal Secretary, Government of Jharkhand, Department of Finance, Jharkhand Mantralaya, P.O & P.S.-Dhurwa, Town & District-Ranchi-834004 (Jharkhand). W.P.(S) No. 278 of 2012 Jwala Mahato S/o Late B. Mahato, Lecturer (Selection Grade) Mathematics, Government Polytechnic, Ranchi residing in the House of Mr. Binay Kumar Sinha, Near Karbala Chowk, P.O.-Church Road, P.S.-Lower Bazar, Town & District-Ranchi-834001 (Jharkhand). .....Petitioner -Versus- 1. State of Jharkhand through the Principal Secretary, Government of Jharkhand, Department of Science & 2025:JHHC:26447 3 Technology, Nepal House, P.O. & P.S.-Doranda, Town & District-Ranchi 834002 (Jharkhand) 2. The Deputy Secretary to the Government of Jharkhand. Department of Science & Technology, Nepal House P.O. & P.S.-Doranda, Town & District-Ranchi-834002 (Jharkhand) 3. The Director, Department of Science & Technology, Government of Jharkhand, Nepal House, P.O. & P.S.- Doranda, Town & District-Ranchi-834002 (Jharkhand) 4. The Principal, Government Polytechnic, Ranchi, At & P.O.-Church Road, P.S.-Lower Bazar, Town & District- Ranchi-834001 (Jharkhand) 5. The Principal Secretary, Government of Jharkhand, Department of Finance, Jharkhand Mantralaya, P.O. & P.S.-Dhurwa, Town & District-Ranchi-834004 (Jharkhand). .....Respondents W.P.(S) No. 419 of 2012 Dr. Surendra Mohan Prasad S/o Late Lakshmi Prasad, Retired Lecturer (Chemistry), Government Women's Polytechnic, Jamshedpur resident of Kalyan Vihar, Near Big Bazar, N.H.-33, Dimna, Jamshedpur, District-East Singhbhum, PIN-831018 [Jharkhand]. .......Petitioner -Versus- 1. State of Jharkhand through the Principal Secretary, Government of Jharkhand, Department of Science & Technology, Nepal House, P.O. & P.S.-Doranda, Town & District-Ranchi-834002 (Jharkhand) 2. The Deputy Secretary to the Government of Jharkhand, Department of Science & Technology, Nepal House, P.O. & P.S.-Doranda, Town & District-Ranchi-834002 (Jharkhand) 3. The Director, Department of Science & Technology, Government of Jharkhand, Nepal House, P.O. & P.S.- Doranda, Town & District-Ranchi-834002 (Jharkhand) 4. The Principal, Government Women's Polytechnic, Gamharia, Jamshedpur, District-Saraikela-Kharsawan- 832108 (Jharkhand) 5. The Principal Secretary, Government of Jharkhand, Department of Finance, Jharkhand Mantralaya, P.O. & P.S.-Dhurwa, Town & District-Ranchi-834004 (Jharkhand). ........Respondents. CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner(s) : Mr. Arvind Kumar Singh, Advocate [W.P(S) Nos. 268, 261, 419 of 2012] Mr. A.K.Sahani, Advocate [W.P(S) Nos. 262/2012 & 278/2012] 2025:JHHC:26447 4 For the Respondents : Mr. Kunal Chandra Suman, A.C to G.P-II Mr. Apoorva Singh, A.C to S.C(Mines) [W.P(S) No. 262 & 419 of 2012] -- 16/20.08.2025 Since, the issue is common in all these writ applications; as such, with consent of the parties, all are being heard together and disposed of by this common order. 2. In all these writ petitions the Petitioners are aggrieved by last portion of the notification issued by the Respondents; whereby the monetary benefit for the promotional post and scale has been given with effect from the date of notification and not from the date of actual promotion. 3. At the outset, learned counsel for the respective petitioners submits that the issue involved in all these writ petitions is that from which date the employees will be entitled for monetary benefit ? 3. In these cases, the respective petitioners are not asking for any retrospective promotion; rather they are only challenging the last part of the impugned notification, whereby though the promotion has been given by the due date, but the monetary benefits is to be given by the date of notification. Against that clause only, these petitioners have come before this Court. Ld. Counsels further submit that similar issue arose for consideration in the case of Krishna Murari & Ors Vs. State of Jharkhand & Ors. passed in W.P(S) No. 877 of 2018, dated 12.04.2024, wherein this Court after going 2025:JHHC:26447 5 through the records have held in Paras-8 to 16, which are as under: “8. Having heard learned counsel for the parties and after going through the documents annexed with the respective affidavits and the averments made therein, it appears that vide notification dated 21.01.2015, issued by the respondents, the monitory benefits and scale for the promotional post under Career Advancement Scheme has been given w.e.f. date of notification i.e. from 21.01.2015, though promotion to the grade of lecturer (senior scale) was given w.e.f. 31.01.1997 and grade of lecturer (selection grade) was given w.e.f. 31.01.2002 so far petitioner no 1 to 4 are concerned; and in case of petitioner no. 5 promotion to the grade of lecturer senior scale was given w.e.f. 01.01.1996 and lecturer selection grade was given w.e.f. 01.01.2001. It is evident from record that all the petitioners were initially appointed as Assistant Professor (Lecturer) in Magadh Engineering Collega, Gaya. Petitioner no.1- Krishna Murarı was appointed on 05.07.1984, petitioner no 2-Chitranjan Sharma was appointed on 25.06.1984, petitioner no. 3-Sheo Kumar was appointed on 05.04.1984, petitioner no. 4-Ram Prakash Sharma was appointed on 01.02.1985 and petitioner no 5-Ravindra Sharma was appointed on 21.06.1982. After bifurcation of erstwhile State of Bihar, the services of petitioners fell under the jurisdiction of newly created State of Jharkhand. Since the promotion of petitioners under Career Advancement Scheme was due, as such promotion of petitioner no 1 to 4 in grade of lecturer (senior scale) was given w.e.f. 31.01.1997 and in lecturer selection grade was given w.e.f. 31.01.2002, and in case of petitioner no 5 same was given w.e.f. 01.01.1996 and 01.01.2001, respectively. The said promotion to the petitioners from aforesaid dates was given notionally, and as per stipulation made in notification granting promotion itself, the actual benefit of promotion was granted from the date of notification. 9. It is pertinent to mention here that in the case of similarly situated colleagues of petitioners whose services fell within the State of Bihar after bifurcation of State, monitory benefits of promotion have been given from the date of promotion. A counter affidavit has been filed by the respondent no. 1, in which the claim of petitioners has been denied on the basis of a notification issued under Memo No. 2074 dated 04.04.1985 (Annexure-A to the counter affidavit), and referring that notification it has been stated in Para 8 of counter affidavit that as per Rule 58 of Bihar Service Code, holder of post is entitled for pay and allowance of that post from the date of joining of that post, and as per Rule 74 of Bihar Financial Rules, in finance matters sanction from retrospective effect is generally not applicable. 10. 10. It appears that the respondent authorities have fully misconstrued the Memo No. 2074 dated 04.04.1985 and have relied on opening paragraph of that notification; whereas, in sub-paragraph (i) of that notification, which has dealt in promotion with retrospective effect on the post of selection grade, wherein it has been clearly stipulated that in taking decision regard to estimation of post some delay occurs as such, in relation to the posts in which post of selection grade is created and by reason of promotion if there is no difference in post and nature of service of holder of that post, then after suspending Rule 58 of Bihar Service Code and Rule 74 of Bihar Financial Rules benefit of promotion will be given from the date of availability of post. Vide Letter No. 3 F 12-02/92/1972 dated 29.04.1993 of Finance Department, Govt. of Bihar, it has further been reiterated and clarified 2025:JHHC:26447 6 that as per Para (क) of notification dated 04.04.1985, in the matter of promotion on the posts of selection grade, Rule 58 of Bihar Service Code and Rule 74 of Bihar Financial Rules have been suspended, and in other matters Rule 58 of Bihar Service Code is applicable. 11. From the aforesaid notifications, it is quite apparent that in the case of promotion in selection grade where nature of work does not change, Rule 58 of Bihar Service Code and Rule 74 of Bihar Financial Rules is not at all applicable, but the respondents concerned by misinterpreting the aforesaid notification dated 04.04.1985 have debarred the petitioners from their valuable rights accrued to them from the date of promotion. As per provision of Rule 58 of Bihar Service Code pay and allowance are paid to the incumbent from the date of joining on the post in the case of direct recruitment but the petitioners are not claiming the benefit on the basis of direct recruitment; rather they are claiming the benefits of pay and allowances keeping their position on previous occupied post. Further, on the basis of promotion in Selection Grade under Career Advancement Scheme neither their post is changed nor work to be discharged by them is changed, and in this course only nomenclatures of pre occupied post is changed and pay scale is enhanced. Thus, provisions of Rule 58 of Bihar Service Code or Rule 74 of Bihar Financial Rules has no application in the case of petitioners, as has also been clarified by aforesaid notifications issued by Govt. of Bihar suspending aforesaid provisions in case of promotion in selection grade. 12. As a matter of fact, Rule 58 of the Service Code and Rule 74 of the Bihar Financial Rules have no application to the case of the petitioners for the simple reason that those rules envisage promotions given in the normal course of administration and at due time when the right of promotion accrued to the concerned employee. The two rules do not by any stretch of imagination, deal with cases where promotions were given not at the due time but with retrospective effect not for any fault on the part of the concerned employee but due to the laches and mistake committed by the department. 13. As stated hereinabove, similarly situated persons who were appointed along with the petitioners and remain in the State of Bihar after bifurcation have been granted the benefit of promotion from the date of promotion. This issue has also been taken into consideration by this Court in the case of Rajeshwar Prasad Vs. The State of Jharkhand & Ors. passed in W.P. (S) No.1932 of 2005 wherein the Coordinate Bench of this Court has directed the respondent to pay all the consequential/monetary benefits from the date of promotion. The said order was affirmed by the Division Bench of this Court in L.P.A. No.471of 2012 and analogues case. 14. Before parting it is necessary to hold that giving promotion from the retrospective date and monetary benefits from the date of notification is bad in law, inasmuch as, the petitioners were not at fault; rather annexures- 1, 2, and 3 clearly indicates that they were promoted from the respective date to the higher post as such the notification which envisage payment of monetary benefit from the date of notification is bad in law accordingly the instant writ application deserves to be allowed. 15. Accordingly, part of the notification as contained in memo No.122 dated 21.01.2015, issued by the respondent no.2; whereby the monetary benefit for the promotional post and scale has been given with effect from the date of notification i.e. 21.01.2015, is quashed and set aside. The concerned respondents are directed to pay the scale of promotional post w.e.f. the date of their actual date of promotion at the revised scale and to pay the difference of arrears of salary to the petitioners from the date of actual promotion. 2025:JHHC:26447 7 16. It goes without saying that the respondents are directed to calculate the monetary benefits and pay the same within a period of four months from the date of receipt/production of a copy of this order.” As such, similar benefit may be granted to these Petitioners. 4. It has been submitted by Ld. Counsel for the Respondents by referring to the order passed in Contempt Case (Civil) No. 1059 of 2024, that the order passed on 12.04.2024 in W.P(S) No. 877 of 2018 has been assailed before the appellate court; however, learned counsel did not dispute the fact that the issue is common in all these cases and is squarely covered by the judgment dated 12.04.2024 passed in W.P(S) No. 877 of 2018; however, he reiterated that the same is challenged before the appellate court. 5. Having regard to the aforesaid facts and circumstances of the case, since the issue is common in all these cases and all are covered by the judgment passed in the case of Krishna Murari & Ors. (Supra), wherein this Court has held that the monetary benefits is to be given from the date of promotion and not from the date of notification. 6. Accordingly, all these writ applications are allowed. The relevant part of Clause (2) of impugned notifications in respective writ applications as contained in Memo No. Vi.Pra.(Pronnati)-227/04-04 Ranchi dated 02.01.2009 and Memo No. Vi.Pra. (Pronnati)-227/04-484 2025:JHHC:26447 8 Ranchi dated 10.03.2010, are hereby, quashed and set aside. The concerned respondents are directed to pay the scale of promotional post with effect from the date of promotion and not from the date of notification. (Deepak Roshan, J.) jk