1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1063 of 2024 ------- Swapan Kumar, aged about 43 years, son of Sri Nand Lal Das, R/o Village Gorainala Mihijam, P.O Sahardal, P.S. Mihijam District Jamtara, Jharkhand-815354. ...… Petitioner Versus 1. STATE OF JHARKHAND, through the Chief Secretary, Government of Jharkhand, Project Bhawan, P.O. and P.S. Dhurwa, District - Ranchi, Jharkhand-834004. 2. SECRETARY, WATER RESOURCE DEPARTMENT, GOVERNMENT OF JHARKHAND, Nepal House, P.O. Nepal House, P.S. Doranda, District - Ranchi, Jharkhand-834002. 3. ENGINEER-IN-CHIEF I, WATER RESOURCE DEPARTMENT, GOVERNMENT OF JHARKHAND, Nepal House, P.O. Nepal House, P.S. Doranda, District Ranchi, Jharkhand 834002. 4. BABLU DAS, Age and Son of Unknown to the Petitioner, Assistant Engineer (Mechanical), Water Resource Department (Government of Jharkhand), Geriya, Irrigation Division - 2, Jamtara, P.O. & P.S. Geriya, District - Jamtara, Jharkhand -815351. …. Respondents ------- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- For the Petitioner : Mr. Rishav Raj, Adv. : Ms. Aditi Kashyap, Adv. For the Res. State : Ms. Omiya Anusha, A.C to AAG-IA ------- 05/Dated:17.01.2025 2 1. The instant application has been preferred by the petitioners for following relief:- I. For issuance of appropriate writ / directions / orders upon the Respondents to show cause as to how and under what authority the Petitioner has been left out of the purview of the Order dated 30.12.2023 (Annexure - 3) by way of which Junior Engineers (Mechanical) in the Water Resource Department, Government of Jharkhand, were granted promotion to the post of Assistant Engineer (Mechanical) in the said Department, despite the Petitioner satisfying all the requirements for promotion and despite his counterpart (Respondent No. 4) who is placed below him in the Gradation List contained in the Order dated 03.10.2018 (Annexure-1) being granted the same; II. Upon being satisfied that the decision to leave out the Petitioner from the scope of the Order dated 30.12.2023 (Annexure-3) is arbitrary, unreasonable and illegal, to pass appropriate writs / directions / orders upon the Respondents to appropriately modify the Order dated 30.12.2023 (Annexure 3), thereby granting to the Petitioner promotion to the post of Assistant Engineer (Mechanical), in the Water Resource Department, Government of Jharkhand, with all consequential benefits and arrears in pay, with effect from 30.12.2023; III. In the alternative to the relief claimed at Sub-Para II hereinabove, for issuance of appropriate writ / directions /orders directing the Respondents to dispose of the representation dated 05.01.2024 (Annexure-4) made by the Petitioner, with a reasoned Order and all supporting documents, furnishing the reason why the candidature of the Petitioner has been superseded in favour of Respondent No. 4; 2. At the outset, learned counsel for the petitioner submits that in view of the counter affidavit filed by the respondent, the instant writ application may be disposed of 3 by directing the respondent no.2 to decide the claim of the petitioner in accordance with law. 3. Learned counsel for the respondent supports the aforesaid contention. 4. Having regard to the limited submissions made by the learned counsel for the parties, the instant writ application is hereby disposed of by directing the respondent no.2 to look into the matter and take a decision after verification of record and pass a reasoned order in accordance with law and applicable rule and regulation within a period of 8 weeks from the date of receipt of a copy of this order. 5. Petitioner would be at liberty to serve the order of this Court to the competent authority. Accordingly, the instant writ application stands disposed of. Pending I.A.s if any, also closed. (Deepak Roshan, J.) Fahim/-