Jharkhand High Court
Arun Kumar Son Of Late Shri Mohan Sahu vs The State Of Jharkhand Through Its ... on 24 February, 2025
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 926 of 2025
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Arun Kumar son of late Shri Mohan Sahu, resident of Shivganj,
Harmu Road, PO GPO, PS Kotwali, District Ranchi, Jharkhand.
... Petitioner
-versus-
1. The State of Jharkhand through its Principal Secretary,
Department of Urban Development and Housing, Government of
Jharkhand, Office at Project Building, Dhurwa, PO Dhurwa, PS
Jagannathpur, District Ranchi, Jharkhand.
2. Director, Municipal Administration Directorate, Department of
Urban Development and Housing, Government of Jharkhand,
having Office at Project Building, Dhurwa, PO Dhurwa, PS
Jagannathpur, District Ranchi, Jharkhand.
3. Assistant Director, Municipal Administration Directorate,
Department of Urban Development and Housing, Government of
Jharkhand, having office at Project Building, Dhurwa, PO Dhurwa,
PS Jagannathpur, District Ranchi, Jharkhand.
4. Ranchi Municipal Corporation through the Municipal
Commissioner, having Office at RMC Building Kutchehry Road,
PO GPO, PS Kotwali, District Ranchi, Jharkhand.
... Respondents
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner : Mr. Kumar Vaibhav, Advocate
For the Respondents: Mr. Faisal Allam, AC to SC Mines II
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02/ 24.02.2025 Heard learned counsel for the petitioner and learned counsel for
the respondents.
2. Petitioner, in this writ petition, has prayed for the following reliefs:-
(a) For quashing the letter dated 28.01.2025 (Annexure-12)
whereby the Respondent No.3 has inter alia stated that the
petitioner does not fulfill the prescribed eligibility for the post of
Assistant Law Officer in the Ranchi Municipal Corporation and has
returned the proposal for the petitioner's promotion;
(b) Upon quashing the aforesaid letter dated 28.01.2025, for a
declaration holding and declaring that the petitioner fulfills the
prescribed eligibility criteria for being promoted to the post of
Assistant Law Officer in the Ranchi Municipal Corporation;
(c) For a direction upon the Respondents to consider the case of
the petitioner for grant of promotion to the post of Assistant Law
Officer in the Ranchi Municipal Corporation with all consequential
benefits;
(d) During the pdendency of the instant writ petition, for an
appropriate interim order allowing the petitioner to continue
discharging work on the post of Legal Assistant in the Ranchi
Municipal Corporation and restraining the Respondents from
removing the petitioner from the post of Legal Assistant in the
Ranchi Municipal Corporation.
3. Learned counsel for the petitioner submitted that the petitioner is
working and performing the duty of Assistant in the Legal Wing, thus, he can
be promoted as Assistant Law Officer. Since he is working in the Legal Wing,
he is entitled to be promoted to the post of Assistant Law Officer in the
respondent Corporation. Petitioner possesses all the requisite qualifications,
both educational and experience, thus, denying him promotion is absolutely
bad. He submits that the petitioner is working as an Assistant, which is in
same pay scale as that of Legal Assistant, thus, there is no impediment for his
promotion as Assistant Law Officer.
4. Learned counsel for the respondents submitted that Legal Wing is
a separate cadre. Petitioner has been appointed as an Assistant and since
there was no separate Cadre, he was asked to perform as an Assistant in the
Legal Wing. Only because he is working in the Legal Wing it will not give him
any right to be appointed as the Assistant Law Officer. It is the case of the
respondents that as per the Rule, the entry point in the Legal Wing is Legal
Assistant, who can only be appointed by way of direct recruitment. Thus, the
petitioner is not entitled for any relief.
5. After hearing the parties, I find that admittedly, the petitioner was
appointed on a Class III post as an Assistant. He was not appointed as a Legal
Assistant though he is a law graduate. Appointment of the petitioner was
sometime in May 1996. Admittedly, for the first time, vide resolution No.1949
dated 21.05.2010 the post of Legal Assistant and Assistant Law Officer were
created in Ranchi Municipal Corporation. There are two posts of Legal
Assistants in the pay scale of Rs.4,500 - 7,000/- and Assistant Law Officer in
the pay scale of Rs.6,500 - 10,500/-.
6. The Legal Wing, consisting of Legal Assistant and Assistant Law
Officer, is a separate cadre which is different than the cadre in which the
petitioner was appointed. Admittedly, the petitioner is not in the same cadre of
the Legal Assistants. The petitioner wants promotion to the post of Assistant
Law Officer, which is definitely a promotional post, for which the feeder post is
Legal Assistant. Admittedly, the petitioner is not a Legal Assistant belonging to
the Legal Cadre. He is simply an Assistant working in the Legal Department,
which will not make him a Legal Assistant as per the Cadre. The post of 'Legal
Assistant' has to be filled up by direct recruitment, then only a Legal Assistant,
who has been appointed directly can be promoted as Assistant Law Officer.
7. Thus, the petitioner has got no right to be promoted to the post of
Assistant Law Officer. Furthermore, the judgment referred to by the petitioner
is not applicable in the instant case as because the petitioner is absolutely in
different cadre. Promoting him to the post of Assistant Law Officer will result in
inter-cadre promotion. Without entering in the Legal Cadre, the petitioner
cannot claim to be promoted to a promotional post in Legal Cadre. The claim
of the petitioner, thus, has rightly been rejected.
8. I find no merit in this writ petition. This writ petition is, accordingly,
dismissed. Pending interlocutory applications, if any, stand disposed of.
(Ananda Sen, J.)
Kumar/Cp-02
