Hari Narayan Gupta vs The State Of Jharkhand Through Its Chief ...
2025 Latest Caselaw 2417 Jhar

Jharkhand High Court

Hari Narayan Gupta vs The State Of Jharkhand Through Its Chief ... on 5 February, 2025

Author: Ananda Sen

Bench: Ananda Sen

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P.(S) No. 7085 of 2017
               Hari Narayan Gupta, son of Late Surajdeo Prasad, resident of 732, Vijaya
               Green Earth, Dimna Road, P.O and P.S Mango, Jamshedpur Town.
                                                                         .... Petitioner.
                                          Versus
            1. The State of Jharkhand through its Chief Secretary, having its office at
               Project Building, Dhurwa, Ranchi.
            2. The Principal Secretary, Water Resources Department, Govt. of Jharkhand,
               having its office at Nepal House, Doranda, Ranchi, Jharkhand.
            3. The Deputy Secretary, Water Resources Department, Govt. of Jharkhand,
               having its office at Nepal House, Doranda, Ranchi, Jharkhand.
                                                                        .... Respondent(s)
                                                ------
                       CORAM        :     SRI ANANDA SEN, J.

------

For the petitioner(s): M/s Sweta Kumari, Manas Verma and Binod Kumar, Advocates.

For the State Mr. Suresh Kumar, SC (L&C)-II Mr. Ashish Kumar, AC to SC (L&C)-II.

------

12/05.02.2025: Heard the learned counsel for the parties.

2. In this writ petition, the petitioner has prayed to promote him to the post of Chief Engineer with effect from 1.8.2017 with all consequential benefits.

3. The petitioner was superannuated on 31.12.2017. At the time of superannuation, he was working in a lower post and now he is claiming promotion.

4. The promotion is not a right of an employee. The right is only to be considered for promotion. The Hon'ble Supreme Court in the case of Government of West Bengal and Others Vs. Dr. Amal Satpathi and Ors. reported in 2024 SCC OnLine SC 3512 has recently held that there cannot be retrospective promotion. In the aforesaid judgment, it has also been held that after superannuation, there cannot be any promotion.

5. Admittedly, the petitioner has superannuated.

6. In that view, I am not inclined to entertain this writ petition. Accordingly, the same is dismissed.

Anu/-Cp2. (ANANDA SEN, J. )