2026: JHHC:17692 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1919 of 2024 …… 1. Arun Kumar Jyoti, aged about 53 years, son of Sakaldip Das, resident of Flat No.401, Block-E, Vikramshila Vatika, Cheshire Home Road, Bariatu, P.O. & P.S.-Bariatu, District- Ranchi (Jharkhand). 2. Chandrika Ram, aged about 57 years, son of Banshi Ram, resident of Shavya Apartment, Flat No.103-В, Н. No.192L, Lake Road, Noora, Near D.C. Kothi, P.O. & P.S.- Hazaribagh, District- Hazaribagh (Jharkhand). 3. Ravi Shankar, aged about 47 years, son of Deo Dutta Ram, resident of C-027, Ashiyana Sun City, Mango, Bahar Dari, P.O. & P.S. Mango, District East Sinbhbhum (Jharkhand). 4. Raj Kamal Singh, aged about 44 years, son of Bhagwat Singh, resident of Flat No.C-55, Harmu Housing Colony, Doranda, P.O.- Doranda, P.S.- Argora, District- Ranchi (Jharkhand). 5. Sanjai Kumar Mandal, aged about 52 years, son of Jaideo Prasad Mandal, resident of Village- Dondia, Nawadih, P.O.- Nanhidih, P.S. Sonaraythari, District- Deoghar (Jharkhand). ..… Petitioners Versus 1. The State of Jharkhand. 2. The Principal Secretary, Drinking Water and Sanitation Department, Govt. of Jharkhand, having its office at Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi (Jharkhand) 3. The Joint Secretary, Drinking Water and Sanitation Department, Govt. of Jharkhand, having its office at Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi (Jharkhand) ..… Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN …… For the Petitioners : Mr. Saurabh Shekhar, Adv For the Resp-State : Mr. Anil Kumar Singh, A.C. to G.P.-I C.A.V. ON: 12/05/2026 PRONOUNCED ON: 15/06/2026 1. Heard learned counsel for the parties. 2. The instant writ application has been filed by the 2026: JHHC:17692 petitioners, against the respondent-Drinking Water and Sanitation Department, praying, interalia, for quashing of limited portion of order of promotion of the petitioners to the post of Assistant Engineers, as contained in Memo No.10/LFkk/ 01-06/2019 – 2275/ Ranchi, dated 12.04.2023 (Annexure-7); and to these notifications, challenge has been kept limited to the extent of applicable date of promotion, which now is the date of joining. The petitioners have further prayed that the effective date of promotion should be shifted from 12.04.2023 to the year 2014, as per the provisions of Govt. resolution, dated 01.09.2009. 3. The brief facts of the case are that the petitioners were appointed on the post of Diploma holder Junior Engineer by the Respondent authorities in the years 1995 and 2007. The State issued a resolution dated 01.09.2009, under which the clause (क) reserved a 10% promotional quota for the Junior Engineers having completed 5 years of regular service, and acquired their AMIE or equivalent degree either before or during the course of their services, for their promotion to Assistant Engineer. Furthermore, clause (ख) and (घ) provided that vacancies will be created and filled up in the same calendar year, without being carried forward; and the final seniority list shall encompass the said quota. 2026: JHHC:17692 Pursuant thereto, the Petitioners became eligible for promotion to the post of Assistant Engineer in the year 2012 and 2013, and accordingly, a final seniority was prepared on 18.10.2014. However, no promotion was granted. Meanwhile, under the Jharkhand Engineering Services Recruitment Rules, 2016, the provision of separate promotion of AMIE degree holders to the post of Assistant Engineers as per the 10% promotional reservation quota was removed, thereby delaying the promotional process. Thereafter, the petitioners moved before this Court in W.P.(S) No. 4920 of 2021 and W.P.(S) No. 5370 of 2021, seeking regular promotion w.e.f. 2014, in consonance with the government resolution dated 01.09.2009, wherein the matter was remanded with a direction to consider the case of Petitioners for regular promotion. Pending the consideration of the matter by the Respondents, the State took a policy decision dated 07.03.2023, which stated that the old rules of the Bihar Engineering Services and other related circulars will govern the promotional matters of Junior Engineers to Assistant Engineers. However, the petitioners were promoted to the post of Assistant Engineer vide notification dated 12.04.2023 under common Memo No.10/Est-1-01- 2026: JHHC:17692 06/2019-2275/Ranchi, w.e.f. the date of taking charge on the post of Assistant Engineer i.e., 12.04.2023, and as per the petitioners the Respondent authorities acted in non- compliance with the government resolution dated 01.09.2009. Hence, this writ application. 4. Learned counsel for the petitioners submitted that the final seniority list was prepared on 18.10.2014 itself, and the names of the petitioners were clear to be considered and placed before the DPC, but no promotion was granted due to the delay on the part of the Respondents, until the judicial pronouncements came in favour of the Petitioners. He contended that the respondents are not allowed to act approbate and reprobate in the same breath, as the final seniority list was prepared for the vacancy created in the year 2014 as per the rules dated 01.09.2009, but the promotion was delayed on the grounds of revised rules of 2016, which was ultimately overturned by the State Government, and as such, the promotion must be considered as per the resolution and rules dated 01.09.2009, since the recruitment rules of 2016 were not in vogue when the final seniority list was prepared in 2014. 5. Per contra, learned counsel for the Respondents submitted that promotion is effective from the date it is granted, and not from the date when a vacancy is created 2026: JHHC:17692 on a said post; therefore, the effective date of promotion must not be shifted to the vacancy year 2014, and shall remain effective from the date of taking charge by the petitioners on the said post, as per the notification dated 12.04.2023. 6. Learned counsel further submitted that the government resolution dated 01.09.2009 has been misinterpreted by the petitioners, which states that the persons who have obtained AMIE or equivalent degree, having completed 5 years of service are eligible to be considered for promotion from Junior Engineer to Assistant Engineer, and ‘eligible to be considered for promotion’ does not grants a ‘right to be promoted on or from the date of being eligible’. 7. Having heard the learned counsel for the parties and upon perusal of the materials available on record, it transpires that the petitioners were appointed in the year 1995 and 2007, respectively, on different dates, on the post of Junior Engineer in the department. On completion of five years of services, they became eligible for promotion to the post of Assistant Engineer, in particular reference to the fact that they had also completed degree equivalent to engineering and therefore, their eligibility could not be doubted. From the pleadings of the writ petition, it appears 2026: JHHC:17692 that the case of the petitioners was under consideration from the post of Junior Engineer to the post of Assistant Engineer in the year 2014, when a final seniority list was prepared, on 18.10.2014. 8. Further, their names were on the move for consideration and vigilance clearance certificate were also sought for vide departmental letter dated 29.09.2015, which forms part of annexure-8 (Series). However, they could not be promoted until 2023, when finally, their case for promotion was considered and vide notification, dated 12.04.2023, they have been promoted to the post of Assistant Engineer. 9. The petitions are aggrieved with the fact that their date of promotion has been fixed from the date of joining, as per promotional notification, dated 12.04.2023 and they pray that it should be shifted to the year 2014, when their case was being considered earlier. 10. It appears that the petitioners base their claim for shift in the date of promotion, on the basis of Govt. resolution, dated 01.09.2009. This Government resolution has been issued by the Road Construction Department, which is the nodal and rulemaking department and has been published under the orders of the Hon’ble Governor of Jharkhand, containing the signature of Secretary of the Department. 2026: JHHC:17692 The resolution states that a junior engineer, who has completed degree equivalent to engineering, before coming into services or thereafter, and has also completed five (5) years of tenure, they became eligible for promotion to the post of Assistant Engineer, against the 10% AMIE degree quota kept reserved in the cadre of Assistant Engineer. 11. On perusal of the said resolution, particularly clause- [ख], it is apparent that the promotions are done on the basis of calendar year vacancy. In the same line, clause-[ख], thereafter holds that in order to fill this calendar year vacancy, independent seniority list of the eligible candidates under AMIE quota is to be prepared. This means that for each year, there will be a separate seniority list of eligible candidates and for each year, there will be a separate promotional process relating back to the calendar vacancy year. It has further been noted in the clause that the remaining vacancies, in the process of promotion, will not be carried forward; rather, will be adjusted in the diploma holder pool. 12. The case of the petitioners is that they were eligible, but however, the process of promotion has not taken place, and therefore, there is no question of adjustment of remaining vacancies in the diploma holder pool. For better 2026: JHHC:17692 appreciation, the relevant portion of the clause-[k] is quoted herein-below: “̝दनुसार सहायक अिभयंता के कु ल सवंगŊ बल के 10: (दस Ůितषत) पदों के िवŝȠ पįरगिणत Ůȑेक कै लेȵर वषŊ (1 जनवरी से 31 िदसɾर तक) įरİƅयों के िवŝȠ ए०एम०आई०ई एवं समकƗ योƶता Ůाɑ कनीय अिभयंताओं को सहायक अिभयंता के पद रा ŮोɄित दी जाय। यिद िकसी कै लेȵर वषŊ िवषेष मŐ ए०एम०आई०ई एवं समकƗ अहȅाŊ Ůाɑ कनीय अिभयंताओं की उपलɩ संƥा की तुलना मŐ उनके िलए उपयुŊƅानुसार अनुमाɊ įरİƅयों की संƥा अिधक होगी तब शेष įरİƅ अगले वषŊ के िलए अŤणीत नहीं की जाएगी। बİʋ वह įरİƅयाँ उसी वषŊ िडʟोमाधारी कनीय अिभयंताओं की ŮोɄित िनिमत उपलɩ įरİƅयों के वगŊवार अथाŊत् सामाɊ वगŊ की ए०एम०आई०ई अथवा समकƗ योƶता की įरİƅयाँ सामाɊ वगŊ के िडɘोमाधारी कनीय अिभयंताओं की įरİƅयों तथा आरिƗत वगŊ की įरİƅयों आरिƗत वगŊ के कनीय अिभयंताओं की įरİƅयों मŐ जुट जाएगी, िजनके िवŜȠ अिभयंताओं को ŮोɄित दी जाएगी।“ 13. On the basis of the above position of facts and law, it has been contented by Ld. Counsel that the date of promotion of the petitioners to the post of Assistant Engineer, should be shifted to the year 2014, or last date of the Calendar year being 31.12.2014, instead of current effective date of 12.04.2023. 14. The stand of the respondents is that the effective date of promotion of the petitioners has to be 12.04.2023, i.e., the date when the order of promotion was published. It has further been submitted that the right to promotion is not a fundamental right; rather it is limited to consideration. They contend that in the present case, consideration was done in the year 2023, and therefore, the petitioners cannot demand that they should be promoted w.e.f. 2014, the Govt. resolution dated 01.09.2009 is being mis-interpreted by the petitioners. Their interpretation of Govt. resolution is that it only declares the eligibility of person and thereafter, consideration, as such, the junior engineers 2026: JHHC:17692 cannot claim promotion to post of Assistant Engineer w.e.f. a specific date. 15. However, this Court finds that the respondents nowhere dispute the position as referred to in clause-[k] of the Govt. resolution dated 01.09.2009. It has nowhere been disputed that clause-[ ख] of the Govt. resolution says about promotion against the Calendar year vacancy of the 10% AMIE quota. Further, it transpires that the calendar year vacancies can be carried forward and will be adjusted againt the diploma holder pool, if posts remain vacant. 16. However, in the present case, the AMIE promotional process itself was not completed, then, there arises no question of adjustment against the diploma pool. Therefore, the case of the petitioners for promotion from the post of Junior Engineer to the post of Assistant Engineer against the 10% AMIE quota should be considered against the calendar year vacancy which in the present case is 2014. 17. The respondents are not able to controvert this position and on perusal of the documents, it appears that the names of the petitioners were under consideration for the 2014 calendar year vacancy of 10% AMIE degree quota, for promotion to the post of Assistant Engineer. A final seniority list was also prepared for the eligible candidates holding engineering or equivalent degree and also their 2026: JHHC:17692 names were on the move from one department to another for the purpose of consideration. 18. The claim of the petitioners stands covered by the provisions of resolution dated 01.09.2009, for promoting them against 10% vacancy of the calendar year 2014. 19. In view of the above facts and circumstances and the position of law, the effective date of petitioners’ promotion from Junior Engineer to Assistant Engineer against 10% AMIE quota shall be shifted from the current 12.04.2023 to the applicable vacancy year 2014, or its last date being 31.12.2014. 20. Accordingly, the current promotional order as contained in notification, dated 12.04.2023 should be changed to that effect. 21. Ordered accordingly. 22. The aforesaid exercise shall be completed within a period of sixteen (16) weeks from the date of receipt/production of a copy of this order. 23. With the aforesaid observations and directions, the present writ petition stands allowed. Pending I.A.(s), if any, shall also stand closed. No cost. (Deepak Roshan, J.) Dated:15 /06/2026 Amardeep/ A.F.R Uploaded on 19.06.2026