Extracted from the PDF above. The PDF is authoritative.
(2026: JHHC:16332-DB) 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 35 of 2026
1. The State of Jharkhand.
2. The Principal Secretary, Road Construction Department, Government of Jharkhand, having its office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi.
3. The Joint Secretary, Road Construction Department, Government of Jharkhand, having its office at Project Building, P.O. & P.S.-Dhurwa, District-Ranchi.
4. The Under Secretary, Road Construction Department, Government of Jharkhand, having its office at Project Building, P.O. & P.S.-Dhurwa, District-Ranchi.
5. The Engineer in Chief, Road Construction Department, Government of Jharkhand, having its office at Project Building, P.O. & P.S.-Dhurwa, District-Ranchi.
... ... Appellants
Versus Kanhai Prasad aged about 56 years, son of Shri Sita Ram Prasad, Resident of VillageDumri, Post-Chechari, P.S.-Obra, District-Aurangabad, (Bihar)
… ... Respondent
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CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR
------ For the Appellant : Md. Shahabuddin, SC-VII
----- 02 /Dated: 08.06.2026
1. Heard Md Shahabuddin, SC-VII for the applicant/appellant-State.
2. I.A. No. 13169 of 2025 seeks condonation of delay of 94 days in instituting this appeal. Though the reasons stated are usual, i.e. movement of file from one table to the other and awaiting approvals for filing of the appeal, by adopting a liberal approach, we condone the delay and dispose of this I.A.
3. After condoning the delay, we have heard Md. Shahabuddin, SC-VII on the merits of the appeal against the judgment and order dated 02.05.2025 allowing W.P.(S) No. 7267 of 2023 instituted by the respondent herein.
4. Md Shahabuddin contended that the seniority of the respondent was altered from serial no. 304 to 342(ka) vide Correction Notification dated 05.07.2022, based upon the Notification dated 03.12.1999 issued by the State of Bihar. He submitted that such a notification was binding on the State of
(2026: JHHC:16332-DB) 2
Jharkhand and therefore, there was nothing wrong in altering the respondent's seniority position.
5. We have considered the above submissions, but we are unable to find any merit therein. Firstly, this is a case where the respondent’s seniority position and his consequent promotion from the post of Junior Engineer to Assistant Engineer was sought to be disturbed after a period of almost 30 years. Secondly, though this alteration of seniority position followed by an attempt to question the respondent's promotion visits the respondent with serious civil consequences, there was not even minimum compliance with principles of natural justice and fair play.
6. The learned Single Judge has given additional reasons in the impugned
judgment and order for disturbing the respondent's seniority position after inordinate delay of 30 years. Even the notification on which Md Shahabuddin relies was issued on 03.12.1999 and the impugned order was made on
05.07.2022. Prior to issuing the impugned order dated 05.07.2022, even the final gradation list had been issued on 18.03.2016.
7. On cumulative consideration of the above facts, circumstances and the law, we can detect no error whatsoever in the impugned judgment and order dated 02.05.2025.
8. Accordingly, this appeal is liable to be dismissed and is hereby dismissed without any order for cost.
9. I.A. No. 13168 of 2025 does not survive and is disposed of.
(M.S. Sonak, C.J.)
(Rajesh Shankar, J.) June 08, 2026 Ranjeet / R.Kr. NAFR