Jharkhand High Court
Jitendra Kumar Singh vs The State Of Jharkhand on 10 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 998 of 2021
Jitendra Kumar Singh ... Petitioner
Versus
1. The State of Jharkhand
2. The Principal Secretary, Road Construction Department, Govt. of
Jharkhand, having its office at Project Bhawan, Dhurwa, Ranchi
3. The Principal Secretary, Personnel, Administrative Reforms and
Rajbhasha Department, Govt. of Jharkhand, having its office at
Project Bhawan, Dhurwa, Ranchi
4. Engineer-in-Chief-cum-Additional Commissioner -cum- Special
Secretary, Govt. of Jharkhand, having its office at Project Bhawan,
Dhurwa, Ranchi
... Respondents
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CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioners : Mr. Saurabh Shekhar, Advocate
For the State : Mr. Shubham Gautam, AC to AAG V
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Order No. 04 Dated 10th August, 2023
I.A. No. 3942 of 2023
Heard the learned counsel for the respective sides.
This application has been preferred by the petitioner for amending the
prayer portion of the writ application in view of the subsequent development
which had taken place during the pendency of this writ application.
In the writ application, the petitioner has prayed for a direction upon the
respondents to grant him promotion to the post of Assistant Engineer.
It appears that the petitioner has been promoted in the meantime to the
post of Assistant Engineer with effect from 22.03.2023 though the petitioner
claims that his promotion should be made effective from 10.07.2006.
Considering the fact that the prayer made in the instant application is in
continuation with the prayer made in the main writ application, the same is
allowed.
Let the I.A. No. 3942 of 2023 be treated as part of the main writ
application.
W.P.(S). No. 998 of 2021
In this writ petition, the petitioner has prayed for a direction upon the
respondents for grant of promotion to him from the post of Junior Engineer to
the post of Assistant Engineer (Civil). By virtue of I.A. No. 3942 of 2023 having
been allowed by this Court the petitioner has also prayed for quashing of
limited part of the order of promotion dated 22.03.2023 whereby promotion
though has been granted to the petitioner, but the same has been made
applicable from the date when the petitioner gave his joining to the promoted
post of Assistant Engineer with a further prayer directing upon the
respondents to grant the benefit of promotion to the petitioner of the post of
Assistant Engineer retrospectively with effect from the date from which he has
been directed to work as Incharge Assistant Engineer i.e. with effect tom
10.07.2006 along with all financial benefits.
The case of the petitioner therefore is that his date of promotion to the
post of Assistant Engineer (Civil) should be shifted from 22.03.2023 to
10.07.2006.
Mr. Saurabh Shekhar, learned counsel for the petitioner submits that
with respect to his grievance regarding shifting of date of promotion, he has
already preferred a representation before the respondent No. 2, but the same
has not yet been acted upon. He submits that a direction be issued to the
respondent No. 2 to pass an appropriate order on the representation
considering the order passed in W.P.(S) No. 2358 of 2010 as also the judgments
passed in LPA No. 79 of 2022 and LPA No. 735 of 2019.
Learned AC to GP IV submits that the petitioner should file a fresh
representation annexing all the documents for appropriate consideration by the
respondent No. 2.
Regard being had to the submissions advanced by the learned counsel
for the respective sides, this writ application stands disposed of with a direction
to the petitioner to submit a fresh representation before respondent No. 2
within a period of three weeks along with all relevant documents and/ or
orders/ judgments in support of their case. If such representation is filed, the
respondent No. 2 shall look into it and pass a reasoned and speaking order
within a period of six weeks from the date of submission of the representation.
It goes without saying that if the claim, of the petitioner are found to be
genuine, necessary order should follow immediately upon the disposal of the
representation.
This writ application stands disposed of. Pending I.A. also stands
disposed of.
(RONGON MUKHOPADHYAY,J.)
MK
