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2026 DAILYLAW 22641 (JHR)

RAM JIWAN PASWAN v. THE STATE OF JHARKHAND THROUGH THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT

WPC/5984/2026 · 2026-08-14

Deepak Roshan

body2026

Judgment text

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2026:JHHC:24765 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5984 of 2026 …… 1. Ram Jiwan Paswan, aged about 59 years, son of Late Tetar Paswan, resident of Road Division, Sahebganj, P.O. & P.S.- Sahebganj, District-Sahebganj (Jharkhand) 2. Ratneshwar Das, aged about 58 years, son of Late Batoram Das, resident of Road Division, Bokaro, P.O. & P.S.-Bokaro, District-Bokaro (Jharkhand) 3. Ram Kumar Das, aged about 58 years, son of Late Hitlal Ravidas, resident of NREP Khunti, P.O. & P.S.-Khunti, District- Khunti (Jharkhand) 4. Alok Kumar, aged about 38 years, son of Lakshman Prasad, resident of NH Division, Gumla, P.O. & P.S.-Gumla (Jharkhand). …. Petitioner(s) -VERSUS- 1. The State of Jharkhand the Principal Secretary, Road Construction Department, Govt. of Jharkhand, having its having its office at Project Bhawan, Dhurwa, P.O. & P.S.-Dhurwa, District-Ranchi (Jharkhand) 2. The Development Commissioner, Govt. of Jharkhand, having its office at Nepal House, Doranda. P.O. & P.S.-Doranda, District-Ranchi (Jharkhand) 3. The Joint Secretary, Road Construction Department, Govt. of Jharkhand, having its having its office at Project Bhawan, Dhurwa, P.O. & P.S.-Dhurwa, District-Ranchi (Jharkhand). …..Respondent (s) …… CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Saurabh Shkehar, Adv Mr. Anurag Kumar, Adv For the Respondent (s) : Mr. Achyut Keshav, Sr. A.A.G …… 03/14.08.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner 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 to consider the case of the petitioners for promotion from the post of Assistant Engineer to the post of Executive Engineer, and further, to find them eligible for such promotion, on application of the relaxation clause to the required kalawadhi, as per Clause-2(i) of the Govt. resolution, as contained in Memo No.3286, dated 04.04.2014 (Annexure-3); ii. For issuance of appropriate writ(s)/ order(s)/ direction(s), particularly a writ, in the nature of mandamus, commanding upon the respondents to grant promotion to the petitioners on completion of 2 1/2 years of kalawadhi, on the post of Assistant Engineer, of the mandated 5 years kalawadhi, required to be counted for promotion to the post of Executive Engineer (i.e. form the grade-pay of Rs.5400/- to Rs.6600/-); 2026:JHHC:24765 The provision of the easing of the kalawadhi period is provided in the relaxation clause 2(i) of the Govt. resolution, dated 04.04.2014, therefore, to declare that the Govt. resolution is applicable in the present case of the petitioner’s. 3. Learned counsel for the petitioners submits that though the petitioners are fully entitled for the prayer made in the instant writ application; as such, he submits that this case may be disposed of by giving liberty to the petitioners to file fresh representation before the concerned respondent for redressal of their grievance. 4. Learned counsel for the respective respondents fairly submits that since no counter affidavit has been filed; as such the petitioners may approach the concerned respondent for redressal of their grievance. 5. Having regard to the aforesaid submissions and looking to the prayer made in the instant writ application, the same is hereby disposed of by directing the petitioners to approach the 2nd respondent by filing a fresh representation along with all relevant documents. The moment 2nd respondent receives the representation; he shall take a decision in the matter with regard to the claim raised in the writ application after verification of the record in accordance with law and applicable rules and regulations within a period of 12 weeks from the date of receipt of such representation and if the decision is in favour of the petitioners, all consequential order shall also be passed within a further period of 8 weeks. 6. With the aforesaid observations and directions, the instant writ application stands disposed of. Pending I.A. if any also stands closed. (Deepak Roshan, J) 14.08.2026 Amardeep/ Uploaded on 20.08.2026