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2026 DAILYLAW 18900 (JHR)

MANOJ KUMAR DUBEY v. THE STATE OF JHARKHAND

WPC/4545/2024 · 2026-06-30

Deepak Roshan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:19138 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S). No. 4545 of 2024 ---- Manoj Kumar Dubey, aged about 55 years, son of Shri Nand Kishore Dubey, R/o Village-Arapur, P.O-Kanda, P.S-Nawabazar, District Palamu, Jharkhand at present resident at 302 ‘C’, Skydale Apartment, Bhonsle Street, Pushp Vihar, Harihar Singh Road, P.O & P.S Bariyatu, District Ranchi .......Petitioner Versus . 1. The State of Jharkhand 2. Secretary, Department of Finance, Govt. of Jharkhand, having its office at Project Building P.O & P.S Dhurwa, District Ranchi 3. Director, Pension and Account Directorate, Department of Finance, Govt. of Jharkhand, having its office at Town Planning Building, near Project Building, P.O & P.S Dhurwa, District Ranchi .....Respondents --- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --- For the Petitioners : Mr. Rajendra Krishna, Sr. Advocate : Mr. Sameer Saurabh, Advocate : Ms. Divya, Advocate : Ms. Isha Kaushik, Advocate For the Respondents : AC to AAG-IA --- 07/ Dated: 30.06.2026 1. The instant writ application has been preferred by the petitioner for the following relief(s):- i. For issuance of an appropriate writ(s), order(s), direction(s) particularly a writ in the nature of mandamus commanding upon the respondents to shift the date of promotion of the petitioner on the post of National Saving Executive Officer w.e.f. 15.08.2003 as respondents have granted promotion to the petitioner on the said post w.e.f 28.05.2019 vide Memo No.-88, dated-28.05.2019. (ii) The petitioner further prays that after the shifting of date of promotion on the post of National Saving Executive Officer w.e.f. 15.08.2003, petitioner further be promoted notionally on the post of National Saving Executive Officer Selection Grade w.e.f. 15.08.2008 in terms of letter dated-16.12.1988 issued by Personnel and Administrative Reforms Department, Govt. of Bihar (Annexure-1 to the writ petition). (iii) The petitioner further prays for issuance of a writ in the nature of mandamus commanding upon the respondents to grant promotion to the petitioner on the ( 2026:JHHC:19138 ) sanctioned and vacant post of Deputy Director (National Saving) w.e.f. 05.02.2016 as the petitioner has passed the departmental examination on 05.02.2016, which is requisite qualification for promotion to the said post and also considering the fact that the petitioner is working as In-Charge Deputy Director, National Saving, North Chhota Nagpur Division, Hazaribag w.e.f. 15.02.2022. (iv) The petitioner further prays for issuance of a writ in the nature of mandamus commanding upon the respondents to shift the date of grant the benefit of 1st M.A.C.P. w.e.f. 15.07.2008 upon completion of 10 years of service as Assistant Savings Officer whereas the respondents have granted the benefit of 1st M.A.C.P. to the petitioner w.e.f. 05.02.2016 by a office order issued vide Memo No.-102, dated-27.06.2017 and also grant the benefit of 2nd M.A.C.P. w.e.f. 15.07.2018 i.e. on completion of 20 years of service and pay the arrears of salary after granting the above benefits. 2. At the outset, Ld. Sr. Counsel confines his prayer only to the extent of prayer number (ii) which relates to promotion on the post of Sr. National Savings Executive Officer, pursuant to the recommendation of departmental promotion committee. 3. Mr. Krishna, draws attention of this Court towards I.A No. 6829 of 2026 and further relied upon the averments made in para-4 and para-5 of the interlocutory application. 4. For brevity para-4 and para-5 of the interlocutory application no. 6829 of 2026 is extracted herein below:- “4. That during pendency of the instant writ petition a meeting of Departmental Promotion Committee was held on 03.10.2025 for grant of promotion on the post of Senior National Savings Executive Officer, and the name of the petitioner has been recommended by the Departmental Promotion Committee for promotion on the post of Senior National Savings Executive Officer, as the petitioner was fulfilling all the requisite criteria of being promoted on the post of Senior National Savings Executive Officer. 5. That one Mrs. Nirmala Roy, who is holding the post of National Savings Executive Officer, has preferred a writ petition vide W.P.(S) No. 2896 of 2025 with several prayers including grant of promotion to her on the post of Senior National Savings Executive Officer. In the said writ petition, the respondents have filed their counter- affidavit on 17.12.2025 and in paragraph-22 & 23 of the counter affidavit the respondents have categorically stated that- ( 2026:JHHC:19138 ) "22. That it is further humbly stated and submitted that under the National Savings Cadre Rules, 2007, two (02) posts of Senior National Savings Executive Officer have been created, which are earmarked posts for promotion. It is further stated and submitted that as per the model reservation roster, one (01) post is unreserved (General Category) and one (01) post is reserved for Schedule Tribes (ST) category. Accordingly, the officer Shri Manoj Kr. Dubey, being eligible under the said Rules, is under consideration for promotion to the post of Senior National Savings Executive Officer." "23. That is humbly stated and submitted that the petitioner, Smt. Nirmala Rai, does not fulfill the eligibility criteria prescribed under the said Rules, and therefore, her case could not be considered by the Departmental Promotion Committee." 5. Relying upon the aforesaid averments made in I.A No. 6829 of 2026 which has not been controverted or contended by the respondent; Ld. Sr. Counsel prays that even after a lapse of 9 months, the order of promotion and posting of this petitioner on the post of senior National Savings Executive Officer has not been issued till date. 6. Having regard to the aforesaid facts and circumstances of the case, when in a similar writ application, the counter- affidavit has been filed by the State, relevant portion of which has been mentioned in the I.A., which has already been quoted herein above; it is evidently clear, inasmuch as, it has been categorically stated by the State-respondent in the above-mentioned writ application that officer Mr. Manoj Kumar Dubey (Petitioner herein) being eligible under the Rules is under consideration for promotion to the post of Sr. National Savings Executive Officer; thus, there is no doubt that the petitioner in the similar writ application, being WP(S) No. 2896 of 2025/Mrs. Nirmala Roy has been denied promotion and that order has attained finality. 7. When the DPC has already recommended the name of the petitioner for promotion, there is no reason why the ( 2026:JHHC:19138 ) petitioner is not being promoted and posted as Sr. National Savings Executive Officer. 8. Accordingly, the instant writ application stands allowed by directing the concerned respondent to issue formal order of promotion in favour of the petitioner to the post of Sr. National Savings Executive Officer, as soon as possible preferably within a period of 6 weeks, from the date of receipt of copy of this order. 9. So far as other prayers made in the instant writ application with respect to other service benefits is concerned, Ld. Sr. counsel submits that he may be granted liberty to agitate the same as and when advised. 10. Accordingly, prayer no. 2 of the petitioner is allowed and for the rest of the prayers, the petitioner is granted liberty to agitate the same before the appropriate forum as and when, if so advised. 11. Before parting it is necessary to observe that prayer no. 2 which has been allowed was under old rule and now the designation has been changed under the new rule which makes no difference. 12. As a result, the instant application stands partly allowed in the aforesaid terms. Pending I.A. also stands disposed of. 30.06.2026 (Deepak Roshan, J.) Abha/-