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2026 DAILYLAW 6578 (JHR)

NIRANKAR PRASAD v. STATE OF JHARKHAND

WPC/277/2025 · 2026-04-15

Deepak Roshan

body2026

Judgment text

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2026:JHHC:10797 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 277 of 2025 ---------- 1. Nirankar Prasad, aged about 55 years, son of Sinhasan Ram, resident of Village Kamre, P.O. Kamre, P.S. Ratu, District Ranchi (Jharkhand) 2. Sunil Kumar, aged about 54 years, son of Ganauri Rajak, resident of Purniya Talab, P.O. & P.S. Chatra, Dist. Chatra (Jharkhand) 3. Doman Rajak, aged about 58 years, son of Rammanad Rajak, resident of Water and Sanitation Division, New Colony Nimdih PHED Colony, Chaibasa, P.O. & P.S. Chaibasa, Dist. West Singhbhum (Jharkhand) ………. Petitioners Versus 1. State of Jharkhand 2. The Principal Secretary, Drinking Water and Sanitation Department, Govt. of Jharkhand, having its office at Engineering Bhawan, Near Golchakkar, Dhurwa, P.O. & P.S. Dhurwa, Dist. Ranchi (Jharkhand). 3. The Secretary, Jharkhand Public Service Commission (JPSC), having office at Circular Road, P.O. GPO, P.S. Lalpur, Dist. Ranchi (Jharkhand). ………. Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioners : Mr. Saurabh Shekhar, Advocate Mr. Anurag Kumar, Advocate Mr. Dhruva Kumar, Advocate For the Respondents : Ms. Sonal Tiwary, AC to AG ---------- 03/ 15.04.2026 The instant writ application has been preferred by the petitioners for the following reliefs: (i) For issuance of appropriate writ(s), order(s), direction(s), specifically a writ in the nature of mandamus commanding upon the respondents to consider the case of the petitioners for promotion from the post of Junior Engineer to the post of Assistant Engineer, as because of the petitioners are eligible on all counts, however, the case has been kept pending by the respondents and nothing is being done, since the inception of process in the year 2022, when the names of the petitioners were put in the zone of consideration; (ii) For issuance of appropriate writ(s), order(s), direction(s), specifically a writ in the nature of mandamus commanding upon the respondents to grant consequential benefits pursuant to grant of promotion of promotion to the post of Assistant Engineer; 2026:JHHC:10797 2 2. During the pendency of this writ application, a counter-affidavit has been filed wherein at para-12 it has been categorially stated that necessary information has been sought from the petitioners to put-up their cases when promotion committee meeting will be held. 3. For brevity, paras-11 and 12 of the counter-affidavit dated 17.10.2025 is extracted herein below: “11. That it is further stated and submitted that apex court has clarified that employees have a right to be considered for promotion, if they meet the eligibility criteria and there are available vacancies, but clearly held that promotion is not a guaranteed right and employees cannot claim it, as a matter of right. 12. That it is further stated and submitted that necessary information has been sought from the petitioners to put up their cases when promotion committee meeting will be held in the near future, if they fulfilled the eligibility criteria for the post of junior engineer to the post of Assistant Engineer.” 4. Having regard to the specific averments made in the counter- affidavit, the instant writ application is hereby disposed of by directing the concerned respondents to hold DPC meeting as early as possible, preferably within a period of 12 weeks. 5. It goes without saying that if the petitioner would be found fit by the DPC, necessary order for promotion including consequential benefits be issued to that effect. (Deepak Roshan, J.) 15th April, 2026 Kunal/- Uploaded on 20.04.2026