2026:JHHC:8738 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2733 of 2019 --------- Ajay Kumar, aged about 52 years, son of Late Suddhist Kumar Purbey, resident of Vasundhra Estate, M-302, NH 33, Pardih, P.O. MGM, P.S. Olidih, Town Jamshedpur, District-East Sinbhbhum. ......Petitioner Versus 1. State of Jharkhand. 2. Excise Secretary, Excise and Prohibition Department, Government of Jharkhand having its office at Utpad Bhawan, New Police Line, Kanke Road, P.O. Kanke, P.S. Gonda, State Jharkhand. 3. Excise Commissioner, Excise Prohibition Department, Government of Jharkhand having its office at Utpad Bhawan, New Police Line, Kanke Road, P.O. Kanke, P.S. Gonda, State Jharkhand. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : Mr. Arpan Mishra, Advocate For the Respondent(s) : Mr. Pradeep Kumar, A.C. to AAG-IV --------- 07/Dated:-26.03.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: (A) For issuance of an appropriate writ(s), order(s) or directions(s) in the nature of mandamus directing the respondents to immediately fill up the vacancies of the post of Superintendent of Excise in Excise and Prohibition Department by regular promotion and also to immediately stop the system of posting of In-charge Junior persons to the post of Superintendent of Excise in illegal and arbitrary manner; (B) For issuance of appropriate direction upon the respondents to consider the case of the petitioner and grant him promotion to the post of Superintendent of Excise with effect from 22.12.2017 and to grant consequential promotional benefits; (C) For issuance of an appropriate writ(s), order(s) or directions(s) in the nature of mandamus directing the respondents authorities to hold immediately the meeting of the Departmental Promotion Committee and consider the case of the petitioner for regular promotion to the rank of Superintendent of Excise in a substantive capacity: (D) For issuance of an appropriate writ of mandamus to the respondents authorities to consider the claim of the petitioner for regular promotion to the rank of Superintendent of Excise in a substantive capacity with effect from the date of his promotion to the rank of Superintendent of Excise falls due; (E) For issuance of a writ of mandamus to the respondents authorities to grant all consequential benefits including monetary benefits with effect from the date he is found eligible for promotion to the rank of Superintendent of Excise in a substantive capacity: 3. The facts of the case in brief are that the petitioner was appointed on the post of Sub Inspector on 20.11.1991 in the Department of Excise and Prohibition, Government of Jharkhand. 2026:JHHC:8738 2 The petitioner was promoted on the post of Inspector on 21.06.2013. Thereafter, a Gradation List was prepared on 16.12.2016 wherein the name of the petitioner was at Serial Number 24. The petitioner became eligible for promotion on the post of Superintendent on 22.12.2017. 4. The State Government has filed a Counter Affidavit wherein they have stated at Paragraph-12, 13 and 15 as follows:- “12. That in compliance of the order of the Hon'ble Court, it is most humbly submitted that there are 20 sanctioned post of Superintendent of Excise in Excise and Prohibition Department. Out of 20 posts 17 posts are vacant. 13. That it is most humbly submitted that to fill up these vacancies, consideration list of officer has been prepared in which the name of petitioner has been included. A meeting of Departmental Promotion committee has been convened on 08.08.2024 and again on 26.11.2024 on both occasions the meeting could not be completed. ...... 15. That it is most humbly submitted that to fill up the vacancies by regular promotion on the post of Superintendent of Excise, meeting of the Departmental Promotion Committee shall be convened.” 5. Learned counsel for the petitioner submits that there are three posts vacant in the District of Gumla, Simdega and Ankur Distillery, Nirsa (Dhanbad) for the post of In-Charge Excise Superintendent. 6. During the pendency of the instant writ petition, an Interlocutory Application bearing I.A. No. 848 of 2026 was filed for stay of the part of Memo dated 15.01.2026. It was stated in the Interlocutory Application that during the pendency of the writ petition, the petitioner was posted as In-charge Superintendent of Excise, Seraikella but further has been reverted to the post of Inspector. The persons, junior to the petitioner, have been made In-charge Excise Superintendent. 7. It is well settled that in ad hoc arrangement also, 2026:JHHC:8738 3 seniority has to be followed. 8. On the last date of hearing, the respondent counsel was directed to seek instruction as to when the DPC will be convened; however, learned counsel fairly submits that they are in process, but no date has been fixed for next DPC. 9. Having regard to aforesaid facts and circumstances of the case the instant writ petition, is hereby, disposed of in the light of the statements made at paragraphs-12, 13 and 15 of the Counter Affidavit wherein it has been categorically stated that out of 20 sanctioned post of Superintendent of Excise in the Department of Excise and Prohibition, Government of Jharkhand, 17 posts are vacant and Departmental Promotion Committee meeting has not been held; as such, the Respondent No.2 (Secretary, Department of Excise and Prohibition, Government of Jharkhand) is directed to hold the Departmental Promotion Committee meeting within a period of eight weeks and thereafter, consider the case of the petitioner for promotion on the post of Superintendent of Excise within four weeks thereafter and till the aforesaid exercise is undertaken, the Secretary, Department of Excise and Prohibition, Government of Jharkhand may consider the case of the petitioner for the post of In-Charge Superintendent in the District of Gumla, Simdega and Dhanbad as there is vacancy. 10. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) MARCH 26, 2026 vikas/- uploaded 08.04.2026