2026:JHHC:11308 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4044 of 2017 ….….. Keshav Kumar Sinha s / o late Shambhu Narayan Sinha r/o Mohalla- Gardanibagh, Road No-10, P.O.& P.S- Gardanibagh, District Patna A/p Block Extension Educator Primary Health Centre Sunderpahari P0+, P.S Sunderpahari, District Godda State of Jharhkand ..… Petitioner (s) Versus 1. The Union of India and through its Principal Secretary Ministry of Health and Family welfare, Govt of Nirman Bhavan P.0 + P.S Nirman Bhavan New Delhi. 2. The State of Jharkhand. 3. The Chief Secretary to the Govt of Jharkhand Project Building P.O+ P.S- Durba, District Ranchi Jharkhand. 4. The Principal Secretary- cum Commissioner, Department of Health and Family Welfare, At Nepal House, P.O+ P.S-Doranda, District Ranchi Jharkhand. 5. The Principal Secretary cum -Commissioner, Department of Finance Project Building, P.O P.S- Durba, District-Ranchi, Jharkhand. 6. The Principal Secretary- cum Commissioner, Department of Personnel Administrative Reforms, Project Building, P.O+ P.S. Durba, District- Ranchi Jharkhand. 7. The Director-in-chief Health Services, Jharkhand Namkum, P .0+P.S Namkum, District Ranchi, Jharkhand. 8. The Civil Surgeon, Godda, At Godda, C.S office, P.0+P.S-Godda, District-Godda, Jharkhand. 9. The Medical Officer In-charge Primary Health Centre Sunder, Pahari, P.0+P.S- Sunder Pahari, District-Godda, Jharkhand. 10. The State of Bihar through Chief Secretary to the Govt Old Secretariat P.0+P.S Sachibalaya, District - Patna. 11. The Principal Secretary- cum -Commissioner, Department of Personnel Administrative Reforms, Ol, Secretariat P.S-Sachibalaya, District -Patna 12. The Principal Secretary-cum-Commissioner, Department of Finance Old Secretariat P.0+P.S Sachibalaya, District Finance, old Patna of 13. The Principal Secretary- cum commissioner, Department of Health Bikas Bhavan, New Secretariat P.0+P.S Sachibalaya, District -Patna 2026:JHHC:11308 2 14. Sandip Kumar, Block Extension Educator At Sadar Block Charta (Serial No 74 of the list Dated 19.12.11) P .0+P.S Chatra District Chatra Jharkhand. 15. Ramesh Kumar Block Extension Educator At- Tamar Ranchi (Serial No 73 of the list Dated 19.12.11) Presently on Deputation at At-Health Directorate Namkum P.O.+P.S Namkum, District -Ranchi Jharkhand. 16. Sailendra Kumar Block Extension Educator At- Jai-Nagar Koderma (Serial No 72 of the list Dated 19.12.11) P.O. P.S- Jai-Nagar District Koderma Jharkhand ..... Respondent(s) With W.P.(S) No. 2523 of 2016 ….….. Keshav Kumar Sinha s / o late Shambhu Narayan Sinha r/o Mohalla- Gardanibagh, Road No-10, P.O.& P.S- Gardanibagh, District Patna A/p Block Extension Educator Primary Health Centre Sunderpahari P0+, P.S Sunderpahari, District Godda State of Jharhkand ..… Petitioner (s) Versus 1. The State of Jharkhand. 2. The Chief Secretary to the Govt. of Jharkhaknd Project Building, P.O. & P.S.-Dhurwa, District Ranchi, Jharkhand. 3. The Principal Secretary-cum-Commissioner, Department of Finance Project Building, P.O. + P.S. Dhurwa, District Ranchi, Jharkhand. 4. The Principal Secretary-cum-Commissioner, Department of Health and Family Welfare, At Nepal House, P.O.+ P.S. Doranda, District Ranchi, Jharkhand. 5. The Principal Secretary cum Commissioner, Department of Personnel Administrative Reforms, Project Building, P.O. + P.S. Dhurwa, District Ranchi, Jharkhand. 6. Director-in-Chief, Health Services, At Namkum, P.O. + P.S. Namkum, District Ranchi, Jharkhand, 7. Civil Surgeon, Godda, at Godda C.S. Office, P.O. + P.S. Godda, District-Godda, Jharkhand. 8. Medical Officer, In-charge Primary Health Centre Sunder, P.O. + P.S. Sunder Pahari, District-Godda, Jharkhand. 9. The State of Bihar through Chief Secretary to the Govt. Old Secretariat, P.O. + P.S. Sachibalaya, District Patna. 2026:JHHC:11308 3 10. The Principal Secretary-cum-Commissioner, Department of Personnel Administrative Reforms, Old Secretariat P.O + P.S Sachibalaya, District -Patna 11. The Principal Secretary-cum-Commissioner, Department of Finance, Old Secretariat P.O + P.S Sachibalaya, District -Patna 12. The Principal Secretary- cum commissioner, Department of Health Bikas Bhavan, New Secretariat P.O + P.S Sachibalaya, District -Patna ..... Respondent(s) With W.P.(S) No.3994 of 2017 ….….. Keshav Kumar Sinha s / o late Shambhu Narayan Sinha r/o Mohalla- Gardanibagh, Road No-10, P.O.& P.S- Gardanibagh, District Patna A/p Block Extension Educator Primary Health Centre Sunderpahari P0+, P.S Sunderpahari, District Godda State of Jharhkand ..… Petitioner (s) Versus 1. The Union of India through its Principal Secretary, Ministry of Health and Family Welfare, Govt. of India, Nirman Bhawan, P.O.+P.S. Nirman Bhavan, New Delhi. 2. he State of Jharkhand 3. The Chief Secretary to the Govt of Jharkhand Project Building P.0 + P.S Durba, District Ranchi Jharkhand. 4. The Principal Secretary- cum Commissioner, Department of Health and Family Welfare, At Nepal House, Doranda, District House, P. P.S-Ranchi, Jharkhand. 5. The Principal Secretary-cum-Commissioner, Department of Finance Project Building, P.OP.S- Durba, District Ranchi Jharkhand. 6. The Principal Secretary- cum Commissioner, Department of Personnel Administrative Reforms, Project Building, P.O.+ P.S- Durba, District Ranchi Jharkhand. 7. The Director in chief Health Services, Jharkhand Namkum, P.O + P.S Namkum District Ranchi, Jharkhand 8. The Civil Surgeon, Godda, At Godda C.S office, P.O+P.S-Godda, District Godda, Jharkhand. 9. The Medical Officer In-charge Primary Health Centre Sunder P. O+P.S Sunder Pahari, District-Godda, Jharkhand. 2026:JHHC:11308 4 10. The State of Bihar through Chief Secretary to the Govt Old Secretariat P.O + P.S Sachibalaya, District - Patna 11. The Principal Secretary- cum Commissioner, Department Personnel Administrative Reforms, Old Secretariat P.0 + P.S. Sachibalaya, District-Patna. 12. The Principal of Finance, Old Secretary cum Commissioner, Department Secretariat P.O + P.S Sachibalaya, District Patna 13. The Principal Secretary- cum commissioner, Department of Health Bikas Bhavan, New Secretariat P.O+ P.S Sachibalaya, District -Patna ..... Respondent(s) ….….. CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ….… For the Petitioner(s) : In Person Mr. Amrendra Pradhan, Adv. For the UOI : Mr. Sunil Kumar, CGC For the State : Mr. Rahul Saboo, G.P.-II Mr. Kunal Chandra Suman, A.C. to G.P.-II Mrs. Sunita Kumari, A.C. to Sr. S.C.-II Mr. Krishna Prajapati, A.C. to S.C.-V For the State of Bihar: Mr. Ranjit Kumar, J.C. to G.A. (Bihar ….….. C.A.V. ON 01/04/2026 PRONOUNCED ON:18/04/2026 1. Heard learned counsel for the parties. 2. The facts of the cases are common and the issue is inter- connected; accordingly, they were heard together and are being disposed of by this common order. 3. The relief sought in WP(S) No. 2523 of 2016 is as follows:- (i) For issuance of writ in the nature of mandamus or any other appropriate writ/writs to command the respondents to grant the benefit of time-bound pay scale/grade pay protection in terms of government notifications bearing dated 5.7.02 and 16.1.2012 with qualifying dates. along - with cost and interest due to negligence in the discharge of their collective accountability. 2026:JHHC:11308 5 (ii) For further commanding the respondents to Pay the consequential difference to the arrears of salary, arising out in new pay scale /Grade pay, lying due since admissible dates with other admissible allowances as declared/forced under Annexure-5 and 5A to this writ petition. 4. The relief sought by the petitioner in WP(S) 4044 of 2017 is as under:- (i) For issuance of a writ in the nature of mandamus or any other appropriate writ/writ(s) to command the respondents to grant promotion to the petitioner for the post of Block Extension Educator since due dates or minimum equally as private respondents have been granted in view of the State Government decision as well as in terms to the policy decision dated 15.5.79 passed by the Union of India. (ii) For the direction to declare null and void to the order dated 20.9.14, passed in W.P.(S) No. 2458 of 2012 which has been justified vide the order dated 23.9.2015 passed in L.P.A. No. 470/14, based on the additional evidence/document which has never been placed before the writ court and bar to be accepted under Order 41 Rule 27 to the code of civil procedure (iii) For Further commanding the respondent to prepare and published the seniority list in feeder cadre in terms to notification dated 8.4.94 (iv) To command the respondent to remove the name of candidates from the list dated 19.12.11 who are not appointed/granted promotion for the post of Block Extension Educator and contrary to the norms of policy decision dated 15.5.79 passed by the Union of India and the state government guideline dated 8.4.94, beside it the names of candidates are incorporated by the back-door entry. (v) To pass any other order(s) / direction(s) to which Your Lordship deem fit and proper in the facts and circumstances of the instant case for the ends of justice. 5. The relief sought by the petitioner in WP(S) No. 3994 of 2017 is as follows:- (i) For issuance of writ in the nature of Mandamus or any other appropriate writ / writ(s), to command the respondents to grant promotion for the post of Dy. District Extension and Media Officer/District Extension and Media Officer, with due dates in view of the state government decision in terms to the policy decision dated 15.5.79 passed by the Union of India. 2026:JHHC:11308 6 (ii) Further commanding the respondent to fill all the posts of Dy. District Extension and Media Officer / District Extension and Media Officer according to seniority in the State of Jharkhand, which has been functioning in in-chargeship since last more than 30 years. (iii) To pass any other order (s) / direction(s) to which Your Lordship deem fit and proper in the facts and circumstances of the instant case for the ends of Justice. 6. The petitioner appearing in person had stated that the common facts for all the three petitions are that the petitioner was given a compassionate appointment to the post of Male Family Welfare Worker in terms of the order dated 21.7.1986. Subsequently, the petitioner was promoted to the post of Block Extension Educator. 7. It had been submitted by the petitioner that with a view to improve the family welfare scheme, the Union of India framed a policy dated 15.5.1979; whereby graduate Male Family Welfare Workers shall get promotion to the post of Block Extension Educator and thereafter to the post of Deputy District Extension and Media Officer, and then to the post of District Extension and Media Officer. This policy of the Union of India was implemented by the erstwhile State of Bihar on 11.1.1993, whereby no other employee except Family Welfare Worker was to be granted promotions to the posts mentioned above (i.e., Block Extension Educator and thereafter to the post of Deputy District 2026:JHHC:11308 7 Extension and Media Officer, and then to the post of District Extension and Media Officer). The petitioner further submits that, owing to non- compliance, a fresh order was issued on 4.6.1993, by which directions were given to fill up the vacant posts. 8. However, when no action was taken by the authorities, a writ petition, WP(S) No. 550 of 2006, was filed before this Court. The petition was disposed of in terms of the order dated 29.8.2006, directing the respondent-State of Jharkhand to take necessary action on the representation of the petitioners therein and pass reasoned orders within three months. However, when no reasoned orders were passed, contempt proceedings, being Contempt (Civil) Case No. 125 of 2007, was also filed. This contempt was subsequently dropped on 11.7.2007, as a decision had been taken to grant promotions to the eligible candidates. 9. With respect to the relief of WP(S) No. 2523 of 2016, the petitioner submits that the petitioner was entitled to a revision of pay-scale/pay-grade as per the notifications dated 5.7.2002 (Annexure-5) and 16.1.2012 (Annexure-5A); however, the said revision was never granted to the petitioner owing to the collective negligence/lack of accountability of the respondents. 10. During the pendency of the writ petition (WP(S) No. 2523 of 2016), the petitioner, by filing an interlocutory application being 2026:JHHC:11308 8 I.A. No. 7416 of 2017, fairly stated that he has been given the benefit of the 2nd MACP scheme pursuant to the order dated 2.9.2016 passed by this Court in another petition being WP(S) No. 1115 of 2016. He, however, submits that the benefits have not been granted in accordance with law, as the pay scale, according to which the MACP ought to have been granted, has not been correctly considered. 11. The petitioner further submits that he was granted promotion to the post of Block Extension Educator in the year 2008, even though persons junior to him were granted promotion at a much earlier date, and as such, the relief sought in WP(S) No. 4044 of 2017 is with respect to the right of the petitioner to his promotion and all benefits accrued thereto. The petitioner further submits that the entire list of persons who are junior or in a similar position to the petitioner and have been granted promotion prior to 2011 and the said list is attached at Annexure-14. 12. Regarding WP(S) No. 3994 of 2017, the petitioner submits that pursuant to the order passed by this Court in WP(S) No. 550 of 2006, a DPC was constituted before which candidature of 94 persons was placed. Out of those, 94 candidates were granted promotion to the post of Block Extension Educator. However, the process of granting promotion to the post of Deputy District Extension and Media 2026:JHHC:11308 9 Officer/District Extension and Media Officer, which commenced in the year 2008 has not been finalized yet. 13. Per contra, the Ld. Counsel representing the Respondent- State of Jharkhand had submitted that the scheme floated by the Union of India was subsequently discontinued, and the employees working within the scheme have been absorbed in the category of ‘non-planning’. 14. The respondents, since filing of all the petitions, have been continuously agitating that the specific rules governing the promotion and other service conditions for the petitioner (and others similarly placed) were under preparation. During the pendency of the petitions, the rules governing the service of the petitioner have been framed and notified as the Jharkhand Health Regional Worker (Appointment, Promotion and other Service Conditions) Rule, 2023, which has been notified on 21.7.2023. 15. Ld. Counsel had also submitted that representing the post for which promotion is being sought for, no longer exists, and as such the relief cannot be granted. He further submits that the seniority list in terms of the newly notified Rule-2023 is under preparation, and all benefits, including promotion, if available to the petitioner, would be granted to the petitioner once the same is finalized. It has been categorically stated in the Counter Affidavit that all monetary benefits, including the 2026:JHHC:11308 10 grant of the first MACP and second MACP in the applicable scale, have been granted to the petitioner. 16. Having heard the parties at length and having perused the records of all three writ petitions, this Court finds it appropriate that separate findings need to be recorded for each writ petition. WP(S) No. 2523 of 2016 a. The lis in the instant writ petition is to apply the correct pay scale for the promotion. It is not in dispute that the petitioner has already been granted the benefit of the 2nd MACP at the scale of ₹ 9300-34800 and grade pay ₹ 4600. The records tend to suggest that the fixation of the pay scale/grade pay was sent to the finance department for verification, and the fixation of pay scale and grade pay has been done in accordance with the resolution contained in memo number 1117 dated 3.6.2011. The resolution dated 3.6.2011, suggests that an employee whose appointment is to the pay scale of ₹5000-8000, would be entitled to a second MACP in the scale of ₹9300-34800, grade pay ₹4600, which has already been granted to the petitioner. b. As such, it would be in the interest of justice to dispose of the writ petition, WP(S) No. 2523 of 2016, granting liberty to the petitioner to approach the Deputy Commissioner, Godda, in case he has any further issues pertaining to the fixation of pay scale or grade pay that is found relevant. c. The petitioner may, if so necessary, file a detailed representation within 3 (three) weeks. In case such a 2026:JHHC:11308 11 representation is filed, the Deputy Commissioner, Godda, is directed to decide the same by a reasoned order within 10 (ten) weeks thereafter. It is directed that the Deputy Commissioner, Godda, is to take into consideration the benefits granted to all similarly placed persons as that too the petitioner, along with all the relevant notifications, including the ones issued in 2011 and 2012. In case any amount is found payable to the petitioner, the same is to be paid within 2 (two) months of the passing of such order. WP(S) No. 4044 of 2017 17. This writ petition has been filed for revision of the date of promotion to the post of Block Extension Educator. The table attached in page 14 of the writ petition, along with the table attached as Annexure-14, suggests that the persons whose appointments were made after the petitioner had been granted promotion prior to the petitioner. It is established law that an employee has no right to a promotion. However, once a person junior to a person is promoted, then such a right to be considered for promotion accrues to him. Reference is made to the case of Daya Ram versus The State of Jharkhand, 2024 LiveLaw (Jha) 141, the relevant portion of which is quoted as follows. “ 5. In view of the fair submissions of the learned counsel for the parties, this Court is of the view that though the promotion is not a right of an employee, but the right of consideration is accrued when junior to the employee concerned has been considered for promotion. The respondents have not considered the case of the petitioner only on the ground of non-availability of ACR. Admittedly, the custodian of the ACR is the department/state, and it is not supposed to keep the ACR with the employee. It is 2026:JHHC:11308 12 also not a case of the respondents that there is any adverse remark against the petitioner.” 18. Considering the facts of this case, this Court finds that the interest of justice would be served if a direction be issued to the Deputy Commissioner, Godda, to examine Annexure-14 of WP(S) No. 4044 of 2017, and in case it is found that any person junior to the petitioner has been granted a promotion prior to the petitioner's promotion, the date of promotion of the petitioner would be suitably revised. This action is required to be completed within 10 (ten) weeks from the date of this order. In case the petitioner is found to have been entitled to promotion from an earlier date, monetary benefits would be released in the petitioner's favour within 6 (six) weeks thereafter. WP(S) No. 3994 of 2017 19. The counter affidavit dated 8.8.2024 suggests that a new rule governing the service condition, including the promotion of the petitioner and other similarly placed persons, has been notified in 2023. A specific direction was also issued by this court on 3.5.2024, seeking specific information as to how long it would take for the respondent to prepare the seniority list in terms of Rule 2023. However, the records do not show any such timeline has been given by the State. 20. This court is conscious that preparation of a seniority list is a time-taking exercise. However, the same cannot be left to 2026:JHHC:11308 13 the whims of the respondent State especially when the State is to be a model employer; because even though there is no right to promotion, but the right to be considered for promotion is recognised under law. 21. The contention raised in the petition suggests that the petitioner and similarly situated persons were essentially left in the hands of the executive without there being any Service Rule governing their promotion and other benefits since 2004-05. Now that the rules have been framed and notified under Article 309 of the Constitution of India, it is the bounden duty of the State to implement the same as expeditiously as possible. The rules were notified in 2023, and now it is the year 2026, but the seniority list is still in the course of being prepared, and the benefits to be given to the petitioner are still on paper. 22. The court is also conscious that the relief sought is for promotion to the posts of Deputy Extension and Media Officer and District Extension and Media Officer. These posts no longer exist, and as such, direction cannot be issued to grant the petitioner promotion to the same. 23. However, given the peculiar facts of the case and the acceptance of the State made in the several affidavits filed since 2017 onwards that the rules for governing the service conditions are being prepared, this Court finds it an appropriate case to mould the relief, in exercise of the 2026:JHHC:11308 14 extraordinary powers of this Court bestowed under Article 226 of the Constitution of India, and direct the State to ensure the preparation of the seniority list in terms of the Rules, 2023, within 3 (three) months from the date of this order, if not already done. 24. A DPC shall be constituted for consideration of the case of the petitioner, and other similarly placed persons within 4 (four) weeks thereafter. 25. All these three writ petitions are accordingly disposed of with the aforesaid directions. Pending IAs, if any, are closed. No order as to cost. (Deepak Roshan, J.) Dated:18 /04/2026 Amardeep/ Uploaded on 20.04.2026