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2025 DAILYLAW 9475 (JHR)

MD. AFROZ ALAM v. THE STATE OF JHARKHAND

WPC/2886/2025 · 2025-08-06

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(2025:JHHC:22215) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S). No. 2886 of 2025 Md. Afroz Alam, aged about 68 years, s/o late Abdul Aziz, r/o village – Bhagwanpur, Circle Jockihat, PO – Araria Bairgachhi, PS – Jockihat, District – Araria, Bihar. … … Petitioner Versus 1. The State of Jharkhand. 2. The Principal Secretary, the Department of Revenue and Land Reforms Jharkhand, having its office at Project Building, Dhurwa, PO – Dhurwa, PS – Jagarnathpur, District- Ranchi. 3. The Deputy Secretary, the Department of Revenue and Land Reforms Jharkhand having its office at Project Building, Dhurwa, PO –Dhurwa, PS – Jagarnathpur, District – Ranchi. 4. Deputy Commissioner, Ranchi, having office at Kachhari Chowk Ranchi, PO – GPO, PS – Kotwali, District- Ranchi. 5. Circle Officer, Bundu, at Bundu, PO & PS – Bundu, District – Ranchi. … … Respondents --- CORAM : SRI ANANDA SEN, J. --- For the Petitioner : Mr. M. A. Choudhary, Advocate For the Respondents : Mr. Devesh Krishna, Advocate --- 03/06th August 2025 1. Petitioner has approached this Court for an appropriate order commanding upon respondent nos. 2 and 3 to consider the case of the petitioner for promotion to the post of Assistant Settlement Officer at the pay scale of (PB – II, 9300 – 34800/- and Grade Pay 4600/-) from the post of Circle Inspector / Kanungo (PB – II, 9300 – 34800 and Grade Pay 4200/-) and pass an appropriate order for rectification of the pension of the petitioner and also pay the arrears of salary on grant of promotion. 2. This case of the petitioner was not considered for promotion on the ground that there was a Vigilance Case pending against the petitioner which got quashed in the year 2014. Admittedly, the petitioner is claiming for a higher post but now he has already superannuated from service and he cannot take charge of the promoted post and neither he can be promoted nor he can assume duties of the promotional post. (2025:JHHC:22215) 2 3. Since the petitioner cannot assume duties to the promotional post as the petitioner has already been superannuated, thus in terms of judgment of the Hon’ble Supreme Court in the case of Government of West Bengal & Others Vs. Dr. Amal Satpathi & Others reported in 2024 SCC online SC 3512, the petitioner is not entitled to get the relief. 4. Accordingly, this writ petition stands dismissed. (ANANDA SEN, J.) Aditi