Vishwajeet Kumar Sinha vs The State Of Jharkhand Through ...
2022 Latest Caselaw 824 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    W.P.(S). No. 4289 of 2021
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Vishwajeet Kumar Sinha ......... Petitioner.

Versus

1. The State of Jharkhand through Chief Secretary, Govt. of Jharkhand, Ranchi.

2. The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Govt. of Jharkhand, Ranchi.

3. The Secretary, Department of Agriculture, Animal Husbandry and Coopearative, Govt. of Jharkhand, Ranchi.

4. The Director (Agriculture), Govt. of Jharkhand, Ranchi.

                                                       ..........      Respondents.
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK

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               For the Petitioner:     Mr. Indrajit Sinha, Advocate
                                       Mr. Vipul Poddar, Advocate
               For the Resp.      :    Mr. Sreenu Garapati, SC-III
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03/ 03.03.2022 Heard the parties.

2. Prayer has been made for quashment of letter dated 24.12.2020 issued by the Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, whereby all promotions in all the Departments of the State Government has been stayed with immediate effect till further orders.

3. At the very outset, Mr. Indrajit Sinha, learned counsel appearing for the petitioner submits that the order impugned in the instant writ application has already been quashed and set aside by this Court vide order dated 13.01.2022 delivered in W.P.(S). No. 1390 of 2021 and other analogous cases. Learned counsel accordingly submits that in view of quashment of the order dated 24.12.2020, the respondents may be directed to consider the case of the petitioner for notional promotion and other consequential benefits, since the petitioner has already been superannuated.

4. On the other hand, Mr. Sreenu Garapati, learned counsel appearing for the respondent-State very fairly submits that admittedly the order impugned in the instant writ application has already been quashed and set aside by this Court and as a result of quashment of the impugned order, the petitioner is entitled for consideration of his case for promotion.

5. In view of fair submission of learned counsel for the parties, since the impugned order dated 24.12.2020 has already been quashed by this Court and since no decision has been taken by the respondent-State in case of petitioner, I hereby direct the petitioner to file fresh representation annexing all the relevant documents on which he is relying, within a period of two weeks from the date of receipt of a copy of this order and after receiving the same alongwith the copy of this order, the respondent No. 3 shall consider the same in accordance with law and also taking into consideration the judgment dated 13.01.2022, passed in W.P.(S). No. 1390 of 2021 and other analogous cases and thereafter, pass a reasoned order communicating the same to the petitioner within a period of twelve weeks thereafter.

6. With these observations and directions, this writ petition stands disposed of.

(Dr. S.N. Pathak, J.) kunal/-