Jharkhand High Court
Unknown vs The State Of Jharkhand on 25 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 104 of 2021
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1(i) Rita Upadhyay, aged about 54 years, W/o Late Kapilmuni Upadhyay
1(ii) Karuna Nidhan Upadhyay, aged about 28 years, D/o Late Kapilmuni
Upadhyay.
1(iii) Pragati Kumari, aged about 23 years, D/o Late Kapilmuni Upadhyay
1(iv) Swati Kumari, aged about 21 years, D/o Late Kapilmuni Upadhyay
All resident of Quarter No. C/48, Ratu Road, Shivpuri, P.O. & P.S. Ratu
Road, District Ranchi, Jharkhand
2. Tiplal Sah, aged about 45 years, son of late Ghanshyam Sah, resident of
Deoghar, P.O. & P.S. Deoghar, Dist: Deoghar, presently posted as Assistant
Section Officer, Directorate of Prosecution, Hinoo, P.O. & P.S. Doranda, District:
Ranchi. ..... ..... Petitioners
Versus
1. The State of Jharkhand.
2. The Principal Secretary, Department of Personal Administrative Reforms and
Rajbhasa Department, Govt. of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa,
District Ranchi. ..... ..... Respondents
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the petitioner(s): Mr. Abhishek Dubey, Advocate
For the respondent(s): Mr. Devesh Krishnna, SC (M)-III
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07/25.01.2023: Heard, Mr. Abhishek Dubey, learned counsel for the petitioners and
Mr. Devesh Krishna, learned counsel for the respondents.
2. Mr. Abhishek Dubey, learned counsel for the petitioner submits that
this writ petition can be disposed of considering the judgment passed by a Co-
ordinate Bench of this Court in the case of "Vijoy Kumar v. The State of
Jharkhand & Ors." in WP(S) No. 3115 of 2015 and analogous cases. He further
submits that the petitioners have filed Interlocutory applications vide I.A. No. 5078
of 2022 and I.A. No. 9541 of 2022 for the aforesaid purpose.
3. Both the counsels submit that this writ petition can be disposed of at
this stage itself in view of the judgment passed by the Hon'ble Division Bench of
this Court in the case of "Vijoy Kumar v. The State of Jharkhand & Ors."
reported in 2022 (4) JBCJ 1.
4. It is the case of the present petitioners and the husband of petitioner
No.1 that their regular promotion was denied by the respondents only on the
ground that they have obtained their respective degrees from Hindi Vidyapith,
Deoghar.
5. This Court in WP(S) No. 3115 of 2015 has held in paragraph No. 23
that the degrees issued by Hindi Vidyapith, Deoghar are held to be valid up to
26.02.2015. Admittedly, degrees of these petitioners were issued prior to 2015 as
such their promotion could not have been denied.
6. Counsel for the petitioners further submitted that the juniors to the
petitioners have already been promoted thus the case of the petitioners needs to
be reconsidered for promotion from the date their juniors have been promoted.
7. Counsel appearing on behalf of the respondents submits that when
the case of the petitioners was considered by the Departmental Promotion
Committee, it was found that the degrees of the petitioners were issued by Hindi
Vidyapith, Deoghar and at that point of time there was a decision not to give any
benefit to the employees whose degrees were issued by Hindi Vidyapith, Deoghar.
He submits that only on 10.05.2022 this Court in WP(S) No. 3115 of 2015 has
held that the degrees issued by Hindi Vidyapith, Deoghar are held to be valid till
26.02.2015.
8. As per the State, considering the subsequent development and
especially in view of the judgment passed by this Court in WP(S) No. 3115 of 2015
the legal heirs of petitioner No.1 should approach before the Director, Department
of Tourism, Government of Jharkhand and petitioner No.2 should approach before
the Director, Prosecution, Government of Jharkhand with their representatives, it
will be considered in the light of the judgment of this Court.
9. Considering the said submissions of the parties, I find that the ground
for declining promotion to the petitioners is that their degrees were issued by Hindi
Vidyapith, Deoghar. The issue relating to the validity of the degrees issued by
Hindi Vidyapith, Deoghar has been set at rest by this Court vide judgment dated
10.05.2022 passed in WP(C) No. 3115 of 2015. In paragraph No. 23 of the said
judgment, it has been held that the degrees which have been issued by Hindi
Vidyapith, Deoghar up to 26.02.2015 are valid. Admittedly, the original petitioner
No.1 and petitioner No.2 possessed the degrees issued by Hindi Vidyapith
Deoghar which were issued prior to 26.02.2015. Thus their degrees are valid
degrees. Since the degrees of the petitioners are valid and their cases for
promotion need to be reconsidered by the authorities.
10. Thus, I direct the heirs of the petitioner No.1 to approach before the
Director, Department of Tourism, Government of Jharkhand and petitioner No.2 to
approach before the Director (Prosecution), Government of Jharkhand by filing a
representation for considering their cases for promotion. The said representations
should be filed within six weeks from today. On receipt of representations, the
respondents will consider the cases of the petitioner and, if necessary, place it
before the appropriate authority, who will consider the case of the petitioners and
pass necessary orders. If it is found that the petitioners are entitled for promotion,
their cases should be considered on and from the date their juniors were
promoted and the benefits should be extended including the monetary benefits.
11. If any part of the claim of the petitioners is denied or rejected reasons
thereof should be communicated to the petitioners. The entire process must be
completed within twelve weeks from the date of receipt of respective
representations along with a copy of this order.
12. With the aforesaid observations and directions, the writ petition stand
disposed of.
13. I.A. No. 5078 of 2022 and I.A. No. 9541 of 2022 also stand disposed
of.
(ANANDA SEN, J.)
Kumar/Madhav/-
