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High Court of Jharkhand · body

2025 DAILYLAW 8364 (JHR)

UPADHYAY RAJNISH v. THE STATE OF JHARKHAND

WPC/1795/2025 · 2025-04-16

Deepak Roshan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:11666 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1795 of 2025 --------- Upadhyay Rajnish, Aged About 47 years, S/o Late Satyendra Kumar Upadhyay, R/o Plot No. - D/11, 99 Koylanchal City, 8 – Lane, Nawadih, P.O. – Nawadih, P.S. – Barwadda, Dist. – Dhanbad, Jharkhand. ....Petitioner Versus 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Having Office at Project Building Dhurwa, P.O. & P.S. - Dhurwa, Dist. - Ranchi, Jharkhand. 3. Deputy Commissioner – Cum – Managing Director, Jharia Rehabilitation and Development Authority, Dhanbad Having office at Hatia More, Golf Ground Road, Hirapur, P.O. + P.S + Dist. - Dhanbad. 4. Superintendent Engineer, Jharia Rehabilitation and Development Authority, Dhanbad Having office at Hatia More, Golf Ground Road, Hirapur, P.O. + P.S + Dist. – Dhanbad. 5. The Officer – In Charge, Jharia Rehabilitation and Development Authority, Dhanbad Having office at Hatia More, Golf Ground Road, Hirapur, P.O. + P.S + Dist. – Dhanbad. ....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Mohan Kr. Dubey, Advocate Mr. Utpal Kant, Advocate Mr. Alok Kr. Verma, Advocate For the Resp.-State : Mr. Om Prakash Tiwari, G.P.-III --------- 02/Dated:-16.04.2025 1. Heard both sides. 2. The instant writ application has been preferred by the petitioner for the following reliefs: a. For the issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus directing upon the respondents to give promotion to the petitioner from the post of Work Sarkar to the Post of Clerk. b. For the issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus directing upon respondents to upgrade the Grade pay of the petitioner up to the grade pay of the Clerk from the date of eligibility of promotion. c. For the issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus directing the respondents to pay the arrears of salary as well as the consequential benefits to the petitioner along with the interest of 12% on principal arrears. 3. At the outset, learned counsel for the Petitioner 2025:JHHC:11666 2 submits that the instant writ application may be disposed of by directing the concerned respondent to dispose of the representation filed by the Petitioner with regard to his claim. 4. Learned counsel for the Respondents opposed the prayer of the petitioner and submits that the claim of the petitioner itself is not maintainable in view of the fact that the petitioner was appointed by MADA; however, he fairly admits that at present he is working with the 3rd Respondent. He further submits that whether the representation has been disposed of or not, he is having no instruction. 5. Having heard learned counsels for the parties and the limited submission of learned counsel for the petitioner, the instant writ application is hereby disposed of by directing the 3rd Respondent to treat this writ application as representation and take a decision in the matter by passing a reasoned and speaking order within a period of 12 weeks from the date of receipt of copy of this order and the same shall be communicated to the Petitioner. The Petitioner is also directed to serve the copy of this writ petition along with this order to the 3rd Respondent for early disposal of his claim. 6. With the aforesaid observation and direction, the instant writ application stands disposed of. Pending IAs, if any, also stands closed. (Deepak Roshan, J.) vikas/-