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2026 DAILYLAW 19706 (JHR)

MANISH KUMAR RAJAK v. STATE OF JHARKHAND, THROUGH CHIEF SECRETARY, GOVT. OF JHARKHAND

WPC/4070/2026 · 2026-07-06

Deepak Roshan

body2026

Judgment text

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2026:JHHC:19953 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4070 of 2026 --------- Manish Kumar Rajak, son of Late Madan Rajak, aged about 39 years, resident of Mohalla at and P.O.-Bari Bazar, P.S.-Muffasil Chaibasa, Dist.- West Singhbhum. ....Petitioner(s) Versus 1. State of Jharkhand, through Chief Secretary, Govt. of Jharkhand, Project Building, Dhurwa P.O.P.S.-Dhurwa,, Dist.- Ranchi. 2. Secretary, Dept. of Personnel, Administrative Reforms & Rajbhasha, Govt. of Jharkhand, office at Project Building, P.O.&P.S.-Dhurwa, Dist.-Ranchi. 3. The Deputy Commissioner, West Singhbhum, office at- Collectoriate Building, P.O.&P.S.-Muffasil, Sadar, Dist.- West Singhbhum (Chaibasa). 4. District Establishment officer, West Singhbhum, office at- Collectoriate Building, P.O.&P.S.-Muffasil, Dist.- West Singhbhum. ....Respondent(s) --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : M/s. Arun Kumar, Anupama, Advocates For the Respondent(s) : Mr. Anish Kr. Mishra, A.C. to Sr.S.C.-I --------- 02/Dated: 06.07.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: (i) For issuance of appropriate writ(s), order(s), direction (s) particularly a writ in the nature of mandamus commanding upon the respondents for granting promotion to the post of 'clerk' (grade pay Rs.2400/-) thereafter to the post of Head Clerk (grade pay 2800/-) from the date of completion of time frame, since the junior to the petitioner have been considered for promotion and same benefit allowed, but the Respondents particularly Respondent No. 3 and 4 denied same benefit to the petitioner after completing 20 years of unblemished services in arbitrary manner with ulterior motive, the act of the respondents is a perfect example of colourable exercise of powers as because same/similar employees have been considered twice-thrice promotion, as such the act of the respondents are complete violation of the Article 14 and 16 of Constitution of India. (ii) For issuance of appropriate writ(s), order(s), direction (s) particularly a writ in the mandamus commanding upon the respondents to consider the case/Representation of the petitioner for promotion to the post of 'Clerk' thereafter Head Clerk from retrospective effect, when junior to the petitioner was promoted, further also grant all consequential benefits like seniority and monetary benefits forthwith and for such other relief or reliefs to which the petitioner is legally entitled to. 3. Learned counsel for the petitioner submits that though 2026:JHHC:19953 2 the petitioner is fully entitled for the prayer made in the instant writ application which is also evident from para 17 to 19 of the writ application; however, in spite of repeated representations, the grievance of the petitioner has not been redressed. 4. Learned counsel for the respondents fairly submits that since no counter affidavit has been filed; as such the petitioner may be directed to approach the concerned respondent by filing a fresh representation, who shall look into the matter so that the grievance of the petitioner can be redressed. 5. Having regard to the aforesaid submissions and without going into the merits of the case, the instant writ application is hereby disposed of by directing the respondent No.3 to look into the grievance of the petitioner by treating this writ application as representation and take a decision in the matter in accordance with law and applicable rules and regulations by passing a reasoned and speaking order within a period of 10 weeks from the date of receipt of copy of this order and communicate the same to the petitioner and if the order passed is favourable to the petitioner, consequential order shall also be passed within a further period of four weeks. 6. The petitioner shall serve a copy of this writ application along with the relevant documents to the concerned respondent for convenience. 7. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) JULY 06, 2026 vikas/- uploaded 10/07/2026