2026:JHHC:17288 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 929 of 2022 ….….. 1. Rajendra Oraon, aged about 43 years, S/o Jatu Oraon, Resident of C/o Late Mahadeo Oraon, Village- Bhitha, behind Holiday Home, Kanke Road, P.O.- Ranchi University, P.S.-Gonda, District- Ranchi. 2. Karun Kumar Chandan, aged about 35 years, s/o Sri Mahendra Prasad, Resident of Village Sughree, P.O. Sughree, P.S.- Govindpur, District- Nawada, Bihar. 3.Md. Abu Husain, aged about 34 years, S/o Sri Md. Anwar Alam, Resident of House No. 34, Opposite Mandu Urdu School, Mandu Chatti, Village Mandu, P.O. & P.S. Mandu, District- Ramgarh. 4 Jyoti Sankar Satapathy, aged about 37 years, S/o Sri Damodar Satapathy, Resident of Barbatipura, P.O.- Barbatipura, P.S.- Ghatgaon, District- Keonjhar, Odisha. 5 Kunal Kaushal, aged about 43 years, S/o Sri Ajit Kumar Dayal, Resident of Pavitra, South Shivpuri, P.O. & P.S.-Hazaribagh, District- Hazaribagh. 6. Anukriti Prakash, aged about 33 years, S/o Sri Om Prakash Mahto, Resident of Anandpuri Colony, P.O.- Collage More, P.S.- Sadar, District- Hazaribagh. 7. Bishwadeep Kumar Panwar, aged about 43 years, S/o Sri Suresh Chandra Panwar, Resident of Basudeopur, P.O.-Jaintgarh, P.S.- Jagannathpur, District- West Singhbhum. 8. Nazish Rana, aged about 37 years, S/o Sri Md. Hashim Rana, Resident of Rana Manzil, PJWB-2, Road No. 1, Block B, Vastu Vihar, P.O. K.G Ashram, P.S. Govindpur, District- Dhanbad. 9. Anima Xess, aged about 35 years, S/o Late Amar Xess, Resident of House No. 188, Pahar Toli, Near Maa Mandap, P.O.- Hehal, P.S.- Sukhdevnagar, District- Ranchi. 10. Jaya Kerketta, aged about 35 years, S/o Sri Remis Kerketta, Resident of C/o Lawrence Baa, H. No. 1742/C1, Ward No-12, Joseph Villa, Near Vidya Sadan, Samlong, Ranchi, P.O. & P.S.- Namkum District- Ranchi. 11. Rakesh Roshan Panna, aged about 39 years S/o Late Sukru Panna, Resident of Sobran Toli, Near B S College Road, P.O. - Juriya, P.S.- Lohardaga, District- Lohardaga. 12. Rina Kumari Oreya, aged about 39 years, S/o Late M.R. 12. Oreya, Resident of Flat No. 134, B-Block, Old Vaishnavi Complex, Chira Chas, P.O. District- Bokaro. Chira Chas P.S.- Chas, 13. Niral Dhan, aged about 43 years, S/o Sri Man 2026:JHHC:17288 2 Mashih Dhan, Resident of Flat No. 101, Bethem Homes Apartment, New AG Colony, Radhan Bagan, Opposite Shiv Mandir, Kadru, P.O. - Doranda, P.S.- Argora, District- Ranchi. 14. Subhash Rabidas, aged about 49 years, S/o Sri Rupan Rabidas, Resident of Alagdiha, P.O. Makatpur P.S.-Jainagar, District- Koderma. 15. Bipin Sushant Guria, aged about 38 years, S/o Late Lawrence Guria, Resident of Vastu Vihar, Hardag, House No. Jayanti-1, P.O. Hardag, P.S.- Tupudana, District- Ranchi. 16. Ritesh Raj Tigga, aged about 38 years, S/o- Sri Alban Tigga, Resident of Mary Amrit Bagh, KM Road, Naya Toli, H.No-710/A4, P.O. GPO Ranchi., P.S.- Lower Bazar, District- Ranchi. ..… Petitioner (s) Versus 1. The State of Jharkhand through the Chief Secretary, Officiating at Project Bhawan, HEC Township, P.O. & P.S.-Dhurwa, District - Ranchi. 2. The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Officiating at Project Bhawan, HEC Township, P.O. & P.S.- Dhurwa, District - Ranchi. 3. The Secretary, Department of Mines and Geology, Yojana Bhawan, Nepal House, Doranda, P.O. & P.S.- Doranda, District - Ranchi. 4. The Principal Secretary, Department of Finance, Government of Jharkhand, Project Bhawan, HEC Township, P.O & P.S. Dhurwa, District-Ranchi. 5. The Member, Board of Revenue, Government of Jharkhand, HEC Township, P.O. & P.S. Dhurwa, District-Ranchi. 6. Rajesh Kumar Pandey, aged about 55 years, son of Nagendra Nath, Resident of Nears Shiv Mandir, Hamidganj Chariman Road, Ward No. 2, Medinagr, P.O. & P.S. Palamau, District-Palamau. 7. Kumar Amritash, aged about 56 years, son of Rajendra Prasad, Resident of M-3, Booty Road near D.A.V. School, Bariatu, P.O. & P.S. Bariatu, District- Ranchi. 8. Amrendra Kumar Singh, aged about 58 years, son of Janardan Prasad Singh, resident of A/101, Mdhusudan Apartment, Road No.1, Vikash Nagar, Latma Road, Singh More, Hatia, P.O. Hatia, P.S. Jagarnathpur, District-Ranchi. ..... Respondent(s)/Intervenors ….….. 2026:JHHC:17288 3 CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ….… For the Petitioner(s) : Mr. Ajit Kumar, Sr. Adv Ms. Aprajita Bharadwaj, Adv Ms. Tanya Singh, Adv Mr. Akash Ajit Kumar, Adv Mrs. Satakchhi Priya Verma, Adv For the Resp.-State : Mr. Manish Kumar, Sr. S.C.-II Mr. Ashwini Bhushna, A.C. to Sr. S.C.-II For the Res Nos. 6 & 8 : Mr. Saurav Shekhar, Adv Mr. Anurag Kumar, Adv C.A.V. ON: 06/05/2026 PRONOUNCED ON:15/06/2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioners praying for a direction upon the 3rd Respondent to issue formal order of confirmation of respective services of the petitioners in terms of the Jharkhand Geologist Service Rules 2011, on account of the petitioners having successfully completed two year probationary period after passing Hindi Noting and Drafting Examination and having completed the training Orientation Course for Geologists and thereby entitled to confirmation of their services as prescribed in the terms and conditions of the appointment. 3. Briefly stated, the Jharkhand Public Service Commission (hereinafter referred to as “JPSC”) floated an advertisement inviting applications for appointment on the post of Geologist in the pay scale of PB-II 9300-34800 at Grade Pay 4800. The petitioners being declared successful, they were offered regular appointments on the post of Geologist vide notification 2026:JHHC:17288 4 contained in memo no. 914 dated 07.09.2013. As per the Jharkhand Geological Service Rules, 2011 (hereinafter referred to as the Rules of 2011), which governs the service condition of the petitioners; Rule 24 prescribes for period of probation which shall be for two years. Rule 25 prescribes for confirmation and stipulates that a probationer shall be confirmed in his appointment provided (i) there is permanent vacancy (ii) Has completed the prescribed period of probation (iii) Has passed the prescribed and professional examination (iv) The Government is satisfied that he is fit for confirmation. 4. Further, as per the Rules of 2011, Part X, Rule 36 provides for Training and Examination which stipulates that Direct Recruits shall have to undergo an orientation course training of four weeks. Accordingly, the petitioners participated in the Orientation Course training organized by the Geological Survey of India Training Institute, Hyderabad for which certificates were also issued to them vide Annexure-3 (Series). The petitioners have even participated in the Hindi Noting and Drafting examination and have also been declared successful vide Annexure-4 (series). 5. Mr. Ajit Kumar, Learned Senior Counsel had submitted that as per Rule 25 of the Rules of 2011, the petitioners have successfully passed the prescribed and professional examination i.e. Hindi Noting & Drafting and orientation 2026:JHHC:17288 5 course, the certificates of which have been attached as Annexure-3 (Series) and Annexure-4 (Series) to the writ petition. In spite of passing the requisite examination as per the Rules of 2011, the petitioners services have not been confirmed. He has further contended that as per the Rules of 2011, the probation period shall be for two years and there is no provision for extension of the probation period; thus, the probation period for any employee of the State can be for maximum period of two years, which the petitioners have successfully completed. 6. Mr. Kumar, further draws attention towards the Rules for the Departmental Examination of gazetted officers which has been annexed as Annexure-B to the Counter Affidavit filed by the State. He relies upon (Rule 13) of the said Rules to argue that even as per the said Rule the gazetted officers are no doubt required to pass the departmental examination but it has no relation with confirmation with service and an officer shall not be confirmed into services only if he has not passed the examination prescribed in (sub-rule (ii)) i.e. driving test etc. 7. Learned Senior Counsel has in reference to Rules for the Departmental Examination of gazetted officers, which has been annexed as Annexure-B to the Counter Affidavit, argued that even as per those Rules, the confirmation in service cannot be 2026:JHHC:17288 6 dependent on passing or non-passing of Departmental examination; rather the confirmation in service can be denied only if an officer has not passed the requisite tests as prescribed under Rule 13 (ii) of the said Rules, thus the petitioners are fully qualified and are fulfilling all requisite conditions for being confirmed in service. 8. Mr. 8. Mr. Kumar further draws attention towards the notification dated 18.01.2023 issued by the Department of Mines and Geology which has been annexed .While relying on the said notification, he contended that the respondent State has amended the Rules of 2011 in the year 2023 called the “Jharkhand Geological Service (Amendment) Rules, 2022 and as per Clause 1 (iii), it has been stipulated that these amended rules shall come into force from the date of publication of this notification in the official gazette. Further, clause 14 provides that “In principal Rule 25 (i)(c) of Part-VII is substituted in the following manner: Officers recruited/appointed in the service must pass departmental examination”, thus the requirement to pass the departmental examination has been “substituted” by way of an amendment in the year 2023 and therefore the same can be made applicable only from the date of its publication in the official gazette of the State. 9. Per contra, Mr. Ashwini Bhushan, AC to Sr. SC-II, 2026:JHHC:17288 7 representing the respondents has submitted that as per the Jharkhand Geological Service (Amendment) Rules, 2022, for confirmation of services of the petitioners, departmental examination had to be conducted and accordingly from 02.09.2024 to 09.09.2024, the departmental examination was conducted and the petitioners had also participated in the said examination and out of 16 petitioners, only 3 petitioners namely Ritesh Raj Tigga, Kunal Kaushal and Nazish Rana has successfully cleared the departmental examination and their service confirmation is under process; however the other 13 petitioners have either failed or not given the said departmental examination and therefore their services cannot be confirmed. 10. Having heard learned counsel for the parties and after going through the documents annexed with the respective affidavit and the averments made therein, it appears that pursuant to Advertisement floated by JPSC, the petitioners being declared successful, their names were recommended for regular appointment on the post of Geologists vide notification bearing memo no. 914 dated 07.09.2013 (Annexure-1) on probation. 11. At this stage itself, it is pertinent to indicate that the services of the petitioners will be governed by the Jharkhand Geological Service Rules, 2011 and its subsequent amendments. 2026:JHHC:17288 8 12. From the record, it further transpires that the petitioners amongst other new recruits, as per requirement went for Orientation Course Training organized by the Geological Survey of India, Training Institute, Hyderabad duly recognized by the Government of India and the said Institute issued respective certificates to that effect to each of the petitioners. (Annexure-3 Series). 13. It further transpires that all these petitioners also participated in the Hindi Noting and Drafting Examination, which was conducted by the respondents on 12.04.2015, 15.06.2014, 12.04.2016 & 22.07.2018 and all the petitioners have duly qualified in the said examination. 14. The respondents have argued that as per the Jharkhand Geological Service (Amendment) Rules, 2022, for confirmation of services of the petitioners, departmental examination had to be conducted and thus all the petitioners have to now pass the departmental examination as and when the same is being conducted by the respondents. There is however, no averment or arguments advanced from the side of the respondents that the petitioners are not fulfilling all other conditions as prescribed by the Rules of 2011 (unamended). This stand with respect to the applicability of the amended rules on the petitioners as taken by the respondents 2026:JHHC:17288 9 can’t be accepted because amendments as mentioned took place on 18th January, 2023 by way of Jharkhand Geological Service (Amendment) Rules, 2022 vide notification contained in memo no. 01/Bhu. Stha. (Niyamawali)-05-05/2016-124 issued by the Department of Mines and Geology, Government of Jharkhand and it is evident from the notification itself that the application of the amendments shall be prospective. 15. It is noticeable that while the petitioners got appointed in service as per the original Rules of 2011, they were not required to pass the ‘departmental examination’; rather as prescribed in the rules governing their service at that time, the requirement was of passing the prescribed and professional examination which they have already cleared. 16. Further, it has also been noted and considered by this court that the petitioners who were appointed in the year 2013 have already served the probation period of two years and there was no extension of probation period for them. It is also an admitted position, as evident from the pleadings, that no departmental examinations were held for so many years and the same has been held recently, only after notifying the amended rules. 17. Thus, this court is constrained to hold that the petitioners can’t be made to suffer for the delay and latches caused by the respondents particularly when the Rules 2026:JHHC:17288 10 prescribing the new conditions have been brought by way of amendment and notified only on 18.01.2023 with prospective operation. 18. The Amended Rules of 2023, which prescribe passing of the departmental examination, can have prospective application only and would apply to candidates who enter service under the Department after the amended Rules of 2023 came into effect, i.e., from 18.01.2023. 19. In the case of the petitioners, the applicable statutory framework is the Jharkhand Geological Service Rules, 2011. Rule 25(i)(c) of the Rules, 2011 specifically provides that, for the purpose of confirmation, a probationer is required to pass the “prescribed and professional examination”. Therefore, the petitioners’ confirmation and service conditions are required to be governed by the Rules, 2011, and they cannot be subjected to an additional or different requirement introduced subsequently by the amended Rules of 2022. 20. In view of aforesaid factual scenario; it can’t be said that the petitioners ought to have passed the departmental examination for claiming confirmation in service as the said condition of passing the departmental examination was “substituted” in the Jharkhand Geological Service (Amendment) Rules, 2022. As per Rule 1(iii) of the amended rules, the provision is made applicable from the date of its publication i.e. 2026:JHHC:17288 11 18.01.2023; thus, the petitioners were not required to pass the departmental examination; rather as prescribed in the rules governing their service at the relevant time i.e. Rule 25 (c) of Jharkhand Geological Service Rules 2011, the petitioners were required to pass the prescribed and professional examination which they have already passed vide Annexure-3 (Series) and Annexure-4 (Series). 21. The Hon’ble Apex Court in catena of judgments including Bhagat Ram Sharma vs Union of India reported in 1987 (Supp) SCC Online SC 737, Chairman Railway vs C.R. Rangadhamaiah reported in (1997) 6 SCC 623 while dealing with the issue of the applicability of amendment in Rules by way of substitution has held that mere use of ‘substitution’ does not imply that rules must relate back to the initial day when the rules were notified and it shall be applicable only on the date it has been published in the official gazette. 22. At this stage, it is also pertinent to refer to Rule 24 of the Rules of 2011 which prescribes that the period of probation of services shall be for two years and there is no provision for further extension of period of probation. Thus, it can safely be held that the probation of an employee of the respondents can be maximum for 2 years only; however, even after completion of about 13 years, the cases of these petitioners have not been considered for confirmation which is adversely affecting their 2026:JHHC:17288 12 salary as they are not being given increments and the same cannot be justified. 23. Even as per the Rules for the Departmental Examination of gazetted officers (Annexure-B to the counter affidavit), there is no condition attached that the officer will have to clear Departmental Examination for confirmation in service. 24. Similar issue was placed before the Division Bench of this Court in L.P.A. No. 195 of 2024, wherein the Court at paragraph 9 & 10 has held that it is a settled law that on completion of the period of probation which could have been extended by the employer on the ground of unsatisfactory performance of the probationer, the writ Court exercising the powers under Article 226 of the Constitution of India can hold that the probationer shall be deemed to have been confirmed in service. 25. Having regard to the aforesaid discussions, the instant writ application stands allowed. The respondents are hereby directed to issue formal order of conformation in favour of the petitioners within a period of 8 weeks from the date of receipt/production of copy of this order. 26. The respondents are further directed to grant the arrear and current annual increment to these petitioners to be accrued to them from the year 2015 onwards, which has been wrongly denied. The respondents are directed to pay all 2026:JHHC:17288 13 consequential benefits which the petitioners would be entitled treating their confirmation from the date they have completed two years of their joining. All other consequential benefits shall be extended to these petitioners within a further period of 8 weeks from passing of the formal order of confirmation. 27. Accordingly, the instant writ petition stands allowed. Pending I.A., if any, also stands disposed of. No cost. (Deepak Roshan, J.) Dated:15/06/2026 Amardeep/ A.F.R Uploaded on 16.06.2026