2026:JHHC:11751 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 5190 of 2025 ---------- Ashok kumar Das aged about 45 years S/O Khoku Das present posted at- Dam Division Tenughat, Bokaro , P.O. & P.S-Tenughat, District-Bokaro. ………. Petitioner Versus 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, having its office at- Project Building P.O. and P.S. Dhurwa, District- Ranchi, Jharkhand. 3. The Secretary Water Resources Department, having its office at- Nepal House, Doranda, P. O. & P.S. - Doranda, Dist.- Ranchi. 4. The Additional Secretary, Water Resources Department, having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 5. The Under Secretary, Water Resources Department, Government of Jharkhand, having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 6. The Engineer-in-Chief-I, Department of water resource having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 7. Satyadev Paswan S/O not known to the petitioner presently working under the Secretary of Rural works Department, having its office at- Nepal House, Doranda, P. O. & P.S. - Doranda, Dist.- Ranchi. ………. Respondents with W.P.(S). No. 5206 of 2025 Dhananjay Kumar, aged about 37 years S/o. Ram Naresh Ram, present posted at- Rural Development Special Division, Hazaribagh, P.O. & P.S-Hazaribagh, District-Hazaribagh. ………. Petitioner Versus 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, having its office at- Project Building P.O. and P.S. Dhurwa, District-Ranchi, Jharkhand. 3. The Secretary, Water Resources Department, having its office at- Nepal House, Doranda, P. O. & P.S. - Doranda, Dist.- Ranchi. 4. The Additional Secretary, Water Resources Department, having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 2026:JHHC:11751 2 5. The Under Secretary, Government of Jharkhand, having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 6. The Engineer-in-Chief-I, Department of water resource having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 7. Satyadev Paswan S/O not known to the petitioner presently working under the Secretary of Rural works Department, having its office at- Nepal House, Doranda, P. O. & P.S. - Doranda, Dist.- Ranchi. ……….. Respondents with W.P.(S). No. 5208 of 2025 Shakti Ravi Das aged about 40 years S/O Gambhir Ravi Das, present posted at- Dam Division Tenughat, Bokaro , P.O. & P.S- Tenughat , District-Bokaro. ……….. Petitioner Versus 1. The State of Jharkhand 2. The State of Jharkhand, through Chief Secretary, Government of Jharkhand, having its office at- Project Building P.O. and P.S. Dhurwa, District-Ranchi, Jharkhand. 3. The Secretary Water Resources Department, having its office at- Nepal House, Doranda, P. O. & P.S. - Doranda, Dist.- Ranchi. 4. The Additional Secretary Water Resources Department, having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 5. The Under Secretary, Water Resource Department, Government of Jharkhand, having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 6. The Engineer-in Chief-I, Department of water resource having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 7. Satyadev Paswan S/O not known to the petitioner presently working under the Secretary of Rural works Department, having its office at- Nepal House, Doranda, P. O. & P.S. - Doranda, Dist.- Ranchi. ………. Respondents with W.P.(S). No. 6954 of 2025 Ganesh Kumar Das aged about 42 years S/O Kishun Das present posted at- Rural Development special Division, Bokaro, P.O. & P.S- Bokaro, District-Bokaro. ………… Petitioner. Versus 2026:JHHC:11751 3 1. The State of Jharkhand 2. The through Chief Secretary, Government of Jharkhand, having its office at- Project Building P.O. and P.S. Dhurwa, District-Ranchi, Jharkhand. 3. The Secretary, Water Resources Department, having its office at- Nepal House, Doranda, P. O. & P.S. - Doranda, Dist.- Ranchi. 4. The additional secretary Water Resources Department, having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 5. The Under Secretary, Water Resources Department, Government of Jharkhand, having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 6. The Engineer-in-Chief-I, Department of water resource having its office at- Nepal House, Doranda, P.O. & P.S- Doranda, Dist.- Ranchi. 7. Satyadev Paswan S/O not known to the petitioner presently working under the Secretary of Rural works Department, having its office at- Nepal House, Doranda, P. O. & P.S. - Doranda, Dist.- Ranchi. ………. Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioners : Mr. Mohan Dubey, Advocate For the Respondents : Mr. Anil Kumar Singh, AC to GP-I Mr. Rakesh Kr. Roy, AC to GA-III Mr. Varun Prabhakar, AC to GP-III Mr. Abhinay Kumar, AC to GA-I ---------- 03/ 16.04.2026 Since all these matters having common issue, as such, with the consent of the parties, all were heard together and disposed of by this common order. 2. The petitioners in all these writ applications have prayed for following reliefs: (a) A writ of and/or order and/or direction in the nature of writ of mandamus directing the respondents to give the promotion to the petitioner to the post of Assistant engineer as junior to the petitioner have been promoted as Assistant Engineer by the respondent vide notification no. 02/ Establishment (promotion) 09-01/2023 dated 30/12/2023 issued vide memo no. 7363 Government of Jharkhand. Undersecretary, Water Resource department (Annexure-2). Although the petitioner rank in gradation list higher than the person who has been given promotion as assistant 2026:JHHC:11751 4 engineer, although there is still vacant post of Assistant Engineer in the Department. (b) For quashing of notification no. 02/ Establishment (promotion) 09-01/2023 - 7363 (concerned Respondent No. 7) dated 30/12/2023 issued vides memo no. 7363 Government of Jharkhand Undersecretary, Water Resource department (Annexure-2). (c) Further issued direction to give all consequential benefit from the date of junior’s promotion order issued by the department. 3. The grievance of the respective petitioner is that all of them joined the service in the year 2013 to the post of Junior Engineers. The gradation list issued by the Engineer-in-Chief-I vide letter dated 28.10.2021, wherein the petitioner of W.P.(S). No. 5190 of 2025 was at Sl. No. 2331; petitioner of W.P.(S). No. 5206 of 2025 was at Sl. No. 2423; petitioner of W.P.(S). No. 5208 of 2025 was at Sl. No. 2338; and petitioner of W.P.(S). No. 6954 of 2025 was at Sl. No. 2353; whereas, the respondents have given promotion to the persons who were below in the seniority list. 4. A common ground was taken by the Departmental Promotion Committee in its meeting dated 23.08.2023 that due to lack of Annual Confidential Report and Vigilance Clearance of the respective petitioners, they could not be promoted on time. They also took a stand that in the subsequent meeting held on 24.07.2025 the petitioners name could not be recommended due to unavailability of seats in S.C. category. 5. However, from the counter-affidavit it transpires that the persons who were juniors to the respective petitioners have been given promotion. 6. The issue with regard to non-consideration of employees for promotion has been dealt by the Co-ordinate Bench of this Court in W.P.(S). No. 1418 of 2025 (Ranjit Kumar Ghasi Vs. the State of Jharkhand & Ors.). 7. As a matter of fact, it is the duty of the employer to obtain all the necessary documents before considering promotion of an 2026:JHHC:11751 5 employees. It is not within the domain of the petitioner to produce the vigilance clearance report and it is the duty of the respondent- employer to produce such report before the D.P.C. who would consider the promotion of the other similarly situated persons. 8. In view of settled proposition of law that non-consideration of any employee for promotion on the ground of vigilance clearance as well as annual confidential report is non est in the eyes of law, inasmuch as, both the reports always remain with the employer, accordingly, the case of the petitioners needs consideration. 9. Having regard to the aforesaid discussions, the respondents are directed to consider the case of promotion of the respective petitioners as early as possible, preferably within a period of 3 months from the date of receipt/ production of a copy of this order. If the decision is taken in favour of the petitioners and there is no other legal impediments in promoting the petitioners, their seniority shall be restored. 10. Accordingly, all these applications stand allowed. Pending I.A(s), if any, stand closed. (Deepak Roshan, J.) 16th April, 2026 Kunal/- Uploaded on 04.05.2026