SUDHIR KUMAR v. UNION OF INDIA REPRESENTED THRO MINISTRY OF EDUCATION DEPT. OF HIGHER EDUCATION THRO ITS SECRETARY
WPC/2049/2026 · 2026-04-01
Sri Ananda Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3313 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3313 (JHR) · dailylaw.ai ]
Judgment text
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2026:JHHC:9195 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2049 of 2026 ------ Sudhir Kumar, aged about 58 years, Son of Late Nageshwar Kumar, resident of Quarter No.C-5, NIFFT Colony, Hatia, PO-Hatia, PS- Jagarnathpur, Dist-Ranchi. … … Petitioner(s) Versus
1. Union of India represented through Ministry of Education (Department of Higher Education) through its Secretary, Shastri Bhawan, New Delhi, PO & PS-New Delhi, Dist-New Delhi. 2. National Institute of Advance Manufacturing Technology (formerly national Institute of Foundry and Forge Technology (NIFFT)), an autonomous institution of the Union of India, Ministry of Human Resources, Department, through its Chairman, Hatia, PO Hatia, PS-Jagarnathpur, Dist-Ranchi. 3. Director, National Institute of Advance Manufacturing Technology (formerly national Institute of Foundry and Forge Technology (NIFFT)), Hatia, PO Hatia, PS-Jagarnathpur, Dist- Ranchi. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------
For the Petitioner(s) : Mr. A.K. Sahani, Advocate
For the Respondent(s) : Mr. Prashant Pallav, ASGI
Mr. Radha Krishna Gupta, CGC
Mr. Ayush AC to ASGI
------ 02/ 01st April, 2026
1. Heard the parties. 2. It is the grievance of this petitioner that though he is working for more than 20 years in the post of Senior Technical Assistant, he has not been considered for promotion to the post of Technical Officer equivalent to Assistant Superintendent of Workshop, though there are posts vacant. 3. It is the case of the petitioner that the petitioner possesses all the qualifications and eligibility criteria to be promoted but the respondents while not considering the case of the petitioner, has deprived the petitioner of the right of being considered for promotion. 4. It is true that promotion is not a fundamental right but he has right to be considered. In this case, as per the petitioner, he has not been considered for promotion for last 20 years, though
2026:JHHC:9195 2
there are vacant posts. 5. Considering the aforesaid facts, I direct the respondent No.3, Director, National Institute of Advance Manufacturing Technology (formerly National Institute of Foundry and Forge Technology (NIFFT)) to consider the case of the petitioner for promotion along with all the others suitable candidates and if it is found that the petitioner or any of them are entitled to be promoted, appropriate order should be passed. 6. Considering the submission of the parties, I direct the petitioner to file a representation within four weeks before respondent No.3.
On receipt of the said representation, the case of the petitioner will be considered within 10 weeks and thereafter an order should be passed. 7. With the aforesaid observations, this writ petition stands disposed of. (ANANDA SEN, J.)
01.04.2026
S.K.D/Cp-2
Uploaded on 07.04.2026