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2025 DAILYLAW 9241 (JHR)

SATISH KUMAR SINHA v. THE STATE OFJHARKHAND

WPC/1948/2025 · 2025-06-23

Deepak Roshan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:16498 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1948 of 2025 --------- 1. Satish Kumar Sinha, Aged About-63 years, Son of Late Jugal Kishore Prasad Sinha, resident of 101, Harmu Road, Shivganj, P.O.- GPO P.S.- Kotwali, Ranchi, District, Ranchi (Jharkhand) 2. Arun Kumar, Aged About-62 years, Son of Late Siya Ram Gupta, resident of Sah Mansion, S.B. Roy Road, Imlibari P.S.- Deoghar P.O.-GPO, Deoghar, District, Deoghar (Jharkhand) 3. Devendra Nath Dwivedi Aged About-63 years, Son of Late Guru Prasad Dwivedi, resident of 32, Nibikalan bhadkar, Nibikalan Jhunsi, Andawa Jhunsi, P.S. Jhunsi, P.O.-Nibikalan, District, Allahabad (Uttar Pradesh) 4. Awadhesh Kumar Sinha Aged About-63 years, Son of Sriram Sinha, resident of East Patel Nagar, Road No.-04, Phulwari, Patna PS & PO- L.B. Shastri Nagar, District-Patna (Bihar) ......Petitioners Versus 1. The State of Jharkhand 2. The Principal Secretary, Department of Home, Government of Jharkhand, Project Building, P.O. Dhurwa, P.S. Hatia, District Ranchi. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioners : Mr. Rahul Dev, Advocate Mr. Priyanshu Nilesh, Advocate For the Resp.-State : Mr. Ashutosh Anand, AAG-III --------- 03/Dated:-23.06.2025 1. Heard learned counsels for the parties. 2. The instant writ application has been preferred by the petitioners praying therein for the following reliefs: a) For the issuance of an appropriate writ/writs, order/orders, direction/directions or writ for the notification of the promotion list kept in abeyance during the period of stoppage (2020-23) by the Respondents when the date of the promotion to the post of Public Prosecutor fallen due for the Petitioners in the light of a letter issued (Annexure.-2) by the respondent No.1 authorities whereby and whereunder the petitioners have not been promoted to the post and during and thereafter petitioners got retired from only the post of Addl. Public Prosecutor despite having all the conditions fulfilled by the petitioners, and finally respondents lifted the stoppage and decided to give promotion to the Govt. Servants even after retirement whose promotion fallen due during the said stoppage period by issuing another Resolution (Annex.-4) in view of the decisions in several cases of this Hon'ble Court, b) Directing the respondents to consider the case of the petitioners to give them promotion to the post of Public Prosecutor according to their seniority list (Gradation List) with effect from the date their promotion fallen due with all consequential benefits payable to them. 2025:JHHC:16498 2 3. At the outset, learned counsel for the petitioners submits that though the petitioners were entitled for regular promotion, but the same has not been given to them on the ground that they have retired from service and they have been given the monetary benefits as per A.C.P. / M.A.C.P. Scheme. He further submits that in view of Annexure-6, it is clear that several persons have been given promotion and also the monetary benefits; accordingly, learned counsel submits that the respondents may be directed to look into the matter and pass an appropriate order in view of Annexure-4 to the writ application. 4. Learned counsel for the respondents does not have any objection to the aforesaid contention. 5. Having regard to the limited submissions of learned counsels for the parties, the instant writ application is hereby disposed of by directing the respondent No.2 to treat this writ application as representation and take a decision in the matter with regard to the prayer made in the instant application in accordance with law and applicable rules and regulations within a period of 16 weeks from the date of receipt of copy of this order. It goes without saying that one of the petitioners shall handover the copy of this writ application to the 2nd respondent at the earliest for redressal of their grievances. 6. Accordingly, the instant writ application stands disposed of. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) vikas/-