RAMSAHAY GANJHU v. THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY
WPC/1260/2019 · 2025-08-21
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8408 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8408 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (S). No. 1260 of 2019 -------
1. Prakash Sanga, aged about 43 years, son of Late Amrus Sanga, resident of Village Sandhri, P.O. Chatra, P.S. Chatra, District Chatra. 2. Ramsahay Ganjhu, aged about 47 years, son of Late Dhaneshwar Ganjhu, resident of Village Chalki, P.O. Hufua, P.S. Simaria, District Chatra. 3. Bhuneshwar Bhagat, aged about 60 years, son of Late Ramdas Bhagat, resident of Line Muhalla, Chatra, P.O. Chatra, P.S. Chatra, District Chatra. 4. Loknath Mochi, aged about 50 years, son of Late Nemdhari Mochi, resident of Village Dumri, P.O. 4. Tatra, P.S. Rajpur, District Chatra. 5. Yugeshwar Ram, aged about 51 years, son of Late Budhan Ram, resident of Village Tatra, P.O. Tatra, P.S. Rajpur, District Chatra. 6. Parmeshwar Rajak, aged about 51 years, son of Late Gandauri Rajak, resident of Village Sisal, Tandwa, P.O. Sisal, P.S. Sisai, District Chatra. 7. Jagdish Das, aged about 52 years, son of Late Sukhlal Das, resident of Village Tandwa, P.O. Pratappur, P.S. Pratappur, District Chatra. 8. Ramdeo Thakur, aged about 48 years, son of Sri Dwarika Thakur, resident of Village Brinda, P.O. Tandwa, P.S. Tandwa, District Chatra. 9. Suresh Mistri, aged about 47 years, son of Late Jago Mistri, resident of Village Hesaparam, P.O. Peltil, P.S. Rajpur, District Chatra. ……….. Petitioners Versus
1. The State of Jharkhand through Chief Secretary, Government of Jharkhand, Project Bhawan, at Dhurwa, P.O. Dhurwa, P.S. Jaganathpur, District Ranchi. 2. Secretary, Department of Personnel, Administrative Reforms & Rajbhasa, having its office at Dhurwa, P.O. Dhurwa, P.S. Jaganathpur, District Ranchi. 3. Deputy Commissioner cum District Magistrate, Chatra, P.O. Chatra, P.S. Chatra, District Chatra. 4. Deputy Commissioner, North Chhotanagpur Division, Hazaribagh, P.O. Hazaribagh, P.S. Hazaribagh, District Hazaribagh. 5. Jharkhand Public Service Commission through Chairman, at Circular Road, P.O. Lalpur, P.S. Lalpur, District Ranchi. ……….. Respondents With W.P.(S). No. 6068 of 2019
1. Indradeo Mahto aged about 62 years, son of Badho Yadav, resident of village-Romi, P.O. and P.S. Itkhori, District-Chatra. 2. Sobran Yadav aged about 52 years Son of late Badhan Yadav, resident of village- Romi, P.O. and P.S. Itkhori, District-Chatra. 2025:JHHC:25008 2
3. Sukhdeo Ram aged about 47 years, son of late Balaji Ram, at present resident of village-Kharika, P.O. Dhangadda, P.S. Tandwa, District-Chatra. 4. Bipin Lakra aged about 41 years, son of Andherious Lakra, resident of village-Babhane, P.O., P.S. and District-Chatra. 5.
Ajay Nikolus Bara aged about 44 years, son of Martin Bara, resident of village-Pakariya, P.O.,P.S. and District-Chatra. 6. Anjlina Tirkey aged about 38 years wife of Upendra Kumar, resident of Chatra, P.O.,P.S. and District-Chatra. ………. Petitioners Versus
1. The State of Jharkhand through Chief Secretary, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District-Ranchi. 2. Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, having its office at Dhurwa, P.O. Dhurwa, P.S.Jagannathpur, District-Ranchi. 3. Deputy Commissioner-cum- District Magistrate, Chatra, P.O. and P.S. Chatra, District-Chatra. 4. Deputy Commissioner, North Chhotanagpur Division, Hazaribagh, P.O. Hazaribagh, P.S. Sadar, District-Hazaribagh. 5. Jharkhand Public Service Commission, having its office at Circular Road, P.O. and P.S. Lalpur, District-Ranchi through its Chairman. ……….. Respondents
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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioners : Mr. Indrajit Sinha, Advocate
Mr. Arpan Mishra, Advocate
Mr. Chatur Pd. Singh, Advocate
For the State : Mr. Sachin Kumar, AAG-II
Ms. Sweta Shukla, AC to AAG-II
For the JPSC : Dr. A.K. Singh, Advocate
Mr. Sharon Toppo, Advocate
---- 04/ 21.08.2025 Since identical issues are involved in both these writ applications, they have been heard together and disposed of by this common order.
2. The petitioners in both the cases have prayed for following reliefs: (i) For issuance of an appropriate writ(s) / order(s) /direction(s) for quashing the decision as contained in memo no. 700/Stha. dated 23.10.2018 issued under the signature of Deputy Commissioner, Chatra, pursuant to the meeting of District Establishment Committee dated 11.01.2018 whereby and whereunder a decision has been taken to stay the
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promotion as well as service confirmation of the Grade IV employees who has been promoted to Grade III post;
AND (ii) Upon quashing of the aforesaid decision, a further writ /
order / direction be issued to grant consequential benefits to the petitioner;
And / Or (iii) For issuance of any other appropriate writ(s) /order(s) / direction(s) as Your Lordships may deem fit and proper in the
facts and circumstances of the case.
3. The grievance of the petitioners is that though they were working in Grade-III post pursuant to limited examination for promotion from Grade-IV to Grade-III but they are not getting proper salary. Learned counsel further draws attention of this Court towards Annexures- 10 & 11 of the W.P.(S). No. 1260 of 2019 and submits that the respondents have stayed the entire process of limited examination for promotion from Grade-IV to Grade-III way back in the year 2018 but, the respondents have committed an error in staying the entire process; as such, the instant writ applications may be
disposed of by directing the concerned respondent to revisit with the cases of these petitioner as to whether their promotion was also suffered with some illegality and if their cases are not covered under the irregularity or illegality, then the salary of Grade-III may be given to them in which they are working from 2008.
4.
Learned counsel for the respondents draws attention of the Court towards various paragraphs and averments of the counter affidavit indicating therein that after a complaint received by the Government that there were large scale irregularity and illegality, the entire selection process was stalled and no person was given the benefits.
5. In reply to the same, learned counsel for the petitioners referred the order passed by the Co-ordinate Bench of this Court in W.P.(S). No. 6162 of 2023 (Rajesh Kumar & Ors. Vs. the State of Jharkhand & Ors.), disposed of on 12.11.2024 and submits that the petitioners may be given liberty to approach the Deputy Commissioner, Chatra to consider the cases of these petitioners and
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after verification of record, take a decision in view of the fact that the petitioners of W.P.(S). 6162 of 2023 have been the benefits.
6. Having regard to the aforesaid facts and circumstances of the case and after going through the averments made in several paragraphs of the counter-affidavit, interest of justice would be sufficed by directing the petitioners to approach the respondent No. 3 with all relevant documents for their consideration in Grade-III post, as they have qualified the limited examination but due to some reasons or the other, the selection process has been stalled. The moment respondent No. 3 will get such representation(s), he shall verify the records of the case and if the case of these petitioners are found same and similar with that of W.P.(S). No. 6162 of 2023 and if the petitioners of the said case have been given the benefits as prayed for, then the same and similar benefits shall also be given to the present petitioners.
7. It goes without saying that while taking decision, the impugned orders dated 11.01.2018 and 23.10.2018 shall not come in the way of the respondents. The entire exercise shall be completed within a period four months.
8. Accordingly, both these writ applications stand disposed of.
9. Pending I.A.(s), if any, stand closed.
(Deepak Roshan, J.)
Kunal