Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:786 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.54 of 2026
----- Sita Ram Singh, S/o Ramvriksh Singh, R/o Vill- Gayatri Nagar, Near Gayatri Hospital, P.O. P.S. Medninagar, Sudna, Dist- Palamau (Jharkhand)
.... Petitioner(s). Versus 1.The State of Jharkhand 2.Secretary, Jharkhand Bijli Vitran Nigam Limited, Engineering Building, H.E.C., Dhurwa, P.O. + P.S. Dhurwa, Ranchi (Jharkhand) 3.Personnel Director, Jharkhand State Electricity Board, Jharkhand State Electricity Board, Electricity Supply Area, Medninagar, P.O. & P.S. Medninagar, Dist Palamau (Jharkhand) 4.General Manager cum Chief Executive Engineer, Jharkhand State Electricity Board, Electricity Supply Area, Medninagar, P.O. & P.S. Medninagar, Dist Palamau (Jharkhand)
… Respondent(s)
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Md. Faruque Ansari, Advocate For the State
: Ms. Ruch Mukti, AC to AAG-IA For the Resp-UNVNL : Mr. Jayant Franklin Toppo, Sr. S.C.
…...... 02/ 13.01.2026: Heard, learned counsel for the parties. 2. By filing this writ petition, petitioner has prayed to consider his case for promotion with effect from 25.06.2009 as according to the petitioner, he was eligible on that day to be promoted to the post of Office Superintendent. 3. The petitioner was working as a Head Clerk in Jharkhand Bijli Vitran Nigam Limited. Now admittedly, the petitioner has superannuated in the year, 2010. 4. This writ petition, on the prayer made by the petitioner cannot be entertained on two grounds:-
(i) The cause of action, if at all any arose some time in the year, 2009, but the petitioner kept quiet and slept over the matter and has approached this Court only in the year, 2026 by filing this writ petition. Thus, after sixteen years of retirement, the petitioner woke up from his
slumbers to approach this Court. Thus, on the principle of delay and latches, I am not inclined to entertain this writ petition. (ii) Further, admittedly the petitioner has superannuated and he prays that he should be promoted with effect from 25.06.2009. The petitioner is praying for retrospective promotion when admittedly he cannot assume the post. 5. 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 has held that there cannot be retrospective promotion. 6. On these aforesaid grounds, the prayer of the petitioner for promotion cannot be entertained and thus, the same is dismissed. 7.
So far as prayer to pay the difference in the arrears of salary due to sanction of ACP and MACP is concerned, I direct the petitioner to approach the General Manager, Jharkhand Urja Vitran Nigam Limited, Palamau, who will consider the case of the petitioner and will pass an appropriate order considering his entitlement. 8. With the aforesaid observation, the instant writ petition stands dismissed. (ANANDA SEN, J.) 13th January, 2026 R.S./ Uploaded on 14 /01/2026.