2026:JHHC:13665 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6344 of 2025 -- 1. Md. Mahfuz aged about 44 years S/O Md. Ashad presently posted at- Rural Development Special Division, Ramgarh, P.O. & P.S- Ramgarh District-Ramgarh. 2. Kishore Chandra Patel aged about 46 years S/O Bhuneshwar Mahto, presently posted at- Minor Irrigation Division, Ranchi P.O. & P.S- Ranchi District- Ranchi. ......Petitioners Versus 1. The state of Jharkhand 2. The Chief Secretary, Government of Jharkhand, having its office at- Project Building P.O. and P.S. Dhurwa, District-Ranchi, Jharkhand. 3. The Secretary Water Resources Department, having its office at- Nepal House, Doranda, P. O. & P.S.- Doranda, Dist.- Ranchi. 4. The Additional Secretary Water Resources Department, having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 5. The Under Secretary, Government of Jharkhand, having its office at-Nepal House, Doranda, P.O. & P.S-Doranda, Dist.- Ranchi. 6. The Engineer in Chief-1, Department of water resource having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 7. The Chairman of Jharkhand Public Service Commission, having office at- Circular Road, Deputy Para, Ahritoli, P.O. & P.S.-Ranchi, District- Ranchi ....Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : M/s. Mohan Kr. Dubey, Raushan Mishra, Utpal Kant, Advocate For the Respondents : Mr. Arun Kumar Dubey, A.C to G.P.-III -- 05/28.04.2026 Heard learned counsel for the parties. 2. The grievance of the petitioners in the instant case is that though their juniors have been promoted from the date 30.12.2023; however, the petitioners have not been promoted from the said date and they have been given promotion from a later date i.e., from 26.09.2025 and due 2026:JHHC:13665 2 to this grievance, the petitioners have approached this Court. 3. From the record, it appears that the candidates at Sr. Nos. 12, 13, 14, 15 & 16 of the notification dated 30.12.2023 (Annexure-2); are admittedly juniors to the petitioners, who have been promoted in December, 2023, whereas the petitioners have not promoted. 4. From bare perusal of the counter affidavit, especially at para-8, it appears that the ground for not considering the name of the petitioners is that the Committee did not recommend the name of the petitioners for promotion on the post of Assistant Engineer for want of Annual Confidential Report; thus the petitioners could not be promoted. For brevity, para-8 of the counter affidavit is extracted hereinbelow: “8.That it is stated and humbly submitted that upon consideration of case of the petitioner, the Committee did not recommend the name of the petitioner for promotion on the post of Assistant Engineer for want of Annual Confidential Report of the petitioners. Thus, the petitioner could not be promoted at that time. Subsequently, the name of the petitioner was again placed in the meeting of Departmental Promotion Committee held on 24.07.2025, and this time the name of the petitioners were recommended by the Committee for promotion and in light of the aforesaid recommendation, the promotion of the petitioners have been duly notified vide departmental notification dated 26.09.2025.” 5. This Court is of the considered opinion that this cannot be a ground for not recommending the name of the petitioners. It is duty of the employer to obtain all 2026:JHHC:13665 3 necessary documents before considering promotion of the employees and procuring ACR is not within the domain of the petitioners and it is the employer who prepares the ACR. Accordingly, the action of the respondents for not promoting the petitioners along with their juniors is bad in law. 6. Hence, the instant writ application stands allowed. It is held that the petitioners are entitled for promotion from the date the other juniors and similarly situated were promoted i.e., from the date of 30.12.2023. Accordingly , the respondents are directed to make necessary correction and thereafter do the needful for consequential benefits which shall be extended to the petitioners. The entire exercise shall be completed within a period of 10 weeks from the date of receipt of a copy of this order. 7. Pending I.A(s), if any, stands closed. (Deepak Roshan, J.) 28th April, 2026 Jk Uploaded on 21/05/2026