Ashish Kumar Ghatak vs The State Of Jharkhand
2024 Latest Caselaw 4838 Jhar

Citation : 2024 Latest Caselaw 4838 Jhar
Judgement Date : 3 May, 2024

Jharkhand High Court

Ashish Kumar Ghatak vs The State Of Jharkhand on 3 May, 2024

Author: Rajesh Shankar

Bench: Rajesh Shankar

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                W.P.(S) No. 4946 of 2012
1. Ashish Kumar Ghatak
2. Dilip Kumar Singh
3. Raghubir Singh
4. Amrendra Kumar Pandey
5. Vibhuti Bhushan Singh
6. Tarkeshwar Singh                   ...    ...     Petitioners
                             Versus
1. The State of Jharkhand
2. The Home Secretary, Government of Jharkhand, Ranchi
3. The Director General-cum-Inspector General of Police,
   Jharkhand, Ranchi
4. The Deputy Inspector General of Police (Personnel), Jharkhand,
   Ranchi
5. The Deputy Inspector General of Police, Kolhan Range, Chaibasa
6. The Superintendent of Police, Chaibasa... ...      Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners : Mr. Rishikesh Giri, Advocate For the Respondents : Mr. Mihir Kunal Ekka, AC to SC-I

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Order No. 10 Dated: 03.05.2024

The present writ petition has been filed for quashing

the Resolution dated 31.03.2003 issued by the State of Jharkhand

granting consequential seniority and promotion to the members of

Schedule Caste & Schedule Tribe on various posts and in different

grades based on the Government of India Memorandum dated

21.01.2002. Further prayer has been made for issuance of

direction upon the concerned respondent authorities not to grant

reservation in promotion to the members of Schedule Caste &

Schedule Tribe pursuant to amendment made in Article 16(4-A) of

the Constitution of India (85th Amendment) in view of the

judgments rendered by the Hon'ble Supreme Court in the case of

"M. Nagaraj Vs. Union of India" reported in (2006) 8 SCC

212, "Surajbhan Meena & Ors. Vs. State of Rajasthan"

reported in (2011) 1 SCC 467 and "U.P. Power Corpn. Ltd.

Vs. Rajesh Kumar" reported in (2012) 7 SCC 1.

2. Learned counsel for the petitioners, while producing a

copy of order dated 06.03.2024 passed by learned Division Bench

of this Court in batch of writ petitions led by W.P.(S) No. 5882 of

2003 (Raghubansh Prasad Singh & Ors. Vs. The State of

Jharkhand & Ors.), submits that vide said order, the State of

Jharkhand has been directed not to give effect to the impugned

Resolution dated 31.03.2003 till the rules/guidelines/executive

instructions are issued based on the requirements as mandated by

the Hon'ble Supreme Court in the case of "M. Nagraj" (supra),

"Jarnail Singh Vs. Lachhmi Narain Gupta" (2018) 10 SCC

396, "Jarnail Singh Vs. Lachhmi Narain Gupta" (2022) 10

SCC 595 and other related decisions.

3. It is thus submitted that the present writ petition may

also be disposed of in terms with the aforesaid order passed by

learned Division Bench.

4. Having heard learned counsel for the parties and

considering that the issue raised in the present writ petition is

squarely covered by the order dated 06.03.2024 passed by learned

Division Bench of this Court in batch of writ petitions led by

W.P.(S) No. 5882 of 2003, the same is also disposed of in terms

with the said order passed by learned Division Bench.