Satyanarayan Prasad vs The State Of Jharkhand
2025 Latest Caselaw 1738 Jhar

Jharkhand High Court

Satyanarayan Prasad vs The State Of Jharkhand on 15 January, 2025

Author: Ananda Sen

Bench: Ananda Sen

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P.(S) No.3955 of 2024
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Satyanarayan Prasad, son of Late Kishun Sahu, resident of Village Nadhiya, P.O. + P.S. Harmu, District Lohardaga.

... ... Petitioner Versus

1. The State of Jharkhand.

2. The Deputy Commissioner, Lohardaga, Jharkhand.

3. The District Superintendent of Education, Lohardaga, Jharkhand.

4. The District Treasury Officer, Lohardaga, Jharkhand.

5. The Accountant General, Doranda, Jharkhand.

... ... Respondents

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              CORAM        : SRI ANANDA SEN, J
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   For the Petitioner(s) :    Mr. Amit Kumar Sinha, Advocate
                              Mr. Saman Ahmad, Advocate
   For the Respondent(s):     Mr. Kishore Kr. Singh, Advocate
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05/ 15.01.2025

By way of filing this writ petition, the petitioner has sought for following reliefs:-

a) "For issuance of appropriate writ(s), order(s)/ direction(s) upon the concerned respondents to consider and grant the promotion in grade VII in the post of Headmasters in the pay scale of Rs.6500 - 10500 to the petitioner.

b) For issuance of appropriate writ(s)/ order(s)/ direction(s) for direction upon the respondents to grant all the consequential benefits along with the revised pension and arrears of pension.

c) For issuance of appropriate writ(s)/ order(s)/ direction(s) for direction upon the respondents to pay the arrears of salary from the year 2000 to the petitioner to which he is admittedly entitled to."

2. The petitioner seeks to be promoted on the post of Headmaster in Grade-VII.

3. The post of Headmaster is a substantive post.

4. It is not the case where only the pay scale has to be upgraded, rather the petitioner wants to be promoted in Grade-VII on the post of Headmaster.

5. It has been submitted by learned counsel representing the respondents that the petitioner has already been

superannuated on 29.02.2024.

6. The Hon'ble Supreme Court in the case of State of Bihar & Ors. Vs. Akhouri Sachindra Nath & Ors. reported in (1991) Suppl. (1) SCC 334, has held that retrospective seniority cannot be given to an employee from a date when he was not even borne in the cadre, nor can seniority be given with retrospective effect as that might adversely affect others.

7. The Hon'ble Supreme Court in its very recent judgment in the case of Government of West Bengal & Ors. Vs. Dr. Amal Satpathi & Ors. reported in (2024) SCC OnLine SC 3512, has held that it is a well settled principle that promotion becomes effective from the date it is granted, rather than from the date a vacancy arises or the post is created. While the Courts have recognized the right to be considered for promotion as not only a statutory right but also a fundamental right, there is no fundamental right to the promotion itself.

It has further held at para-21 that promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation.

8. To get the benefit of promotion, a person should assume the charge of the post. If a person superannuates before assuming the charge, he is not entitled for the aforesaid benefits nor can be promoted, which is the case here, as the petitioner has admittedly superannuated.

9. Considering the aforesaid judgments, I find that no relief can be granted to the petitioner.

10. Accordingly, this writ petition is dismissed.

(ANANDA SEN, J.)

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