Jharkhand High Court
Bhagwan Prasad vs The State Of Jharkhand on 22 January, 2025
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.3883 of 2024
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Bhagwan Prasad, son of late Chhathu Bhagat, resident of E/1 498,
New Nagra Toli, P.O. & P.S. Lalpur, District Ranchi.
... ... Petitioner
Versus
1. The State of Jharkhand.
2. Additional Chief Secretary, Department of Home, Govt. of
Jharkhand, having its office at Project Building, Dhurwa,
Ranchi.
3. Principal Secretary, Department of Home, Government of
Jharkhand, having its office at Project Building, Dhurwa,
Ranchi.
4. Director General cum Inspector General of Police, Government
of Jharkhand, having its office at Police House, Dhurwa, Ranchi.
5. Deputy Inspector General of Police (Personnel), Government of
Jharkhand, having its office at Police House, Dhurwa, Ranchi.
6. Additional Director General of Police, Special Branch,
Government of Jharkhand, having its office at Police House,
Dhurwa, Ranchi.
... ... Respondents
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CORAM : SRI ANANDA SEN, J
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For the Petitioner(s) : Mr. Rajendra Krishna, Advocate
Mr. Pratyush Shounikya, Advocate
Mr. Manish Kumar, Advocate
For the Respondent(s): Mr. Mrinal Kanti Roy, GA-I
Mr. Abhinay Kumar, AC to GA-I
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05/ 22.01.2025
By way of filing this writ petition, the petitioner has
sought for following reliefs:-
i. "For issuance of an appropriate writ(s)/order(s)/
direction(s) or a writ in nature of certiorari for
quashing of the reasoned order dated 30.08.2023
contained in Memo No.3948/Ranchi (Annexure-
17) issued under the signature of Additional chief
Secretary, Home Prison and Disaster Management
Department, Government of Jharkhand, whereby
and whereunder the claim of the petitioner filed
through representation dated 16.02.2023 for
notional promotion to the post of Dy.S.P. with
retrospective effect has been rejected on the
ground which are not sustainable in the eyes of
law.
AND
ii. For issuance of an appropriate writ(s)/order(s)/
direction(s) or a writ in nature of mandamus
commanding upon the respondents to grant the
petitioner notional promotion to the post of Dy.S.P.
from the date the persons junior to the petitioner
have been given promotion to the post of Dy.S.P."
2. The petitioner seeks notional promotion to the post of
Dy.S.P. with retrospective effect.
3. Admittedly, the petitioner has superannuated from
service on 28.02.2014 from the post of Inspector of Police, Special
Branch, Ranchi.
4. 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.
5. 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 been 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.
6. In the aforesaid judgment, the relevant provisions of Rule
54(1) (a) of the West Bengal Service Rules were considered, as per
which, a person shall not draw any higher pay than his substantive
pay in respect of the permanent post other than the regular post
unless the officiating appointment involves assumption of duties.
7. Similar is the condition laid down under Rule 58 (a) of The
Jharkhand Service Code, 2001, which read as follows:-
"58. (a) Subject to any exceptions specifically made
in these rules and to the provisions of clause (b) of this
rule, a Government servant shall begin to draw the pay
and allowances attached to his tenure of a post with effect
from the date on which he assumes the duties of that
post, and shall cease to draw them as soon as he ceases
to discharge those duties."
8. Thus, the provision of law provided in the Jharkhand
Service Code in Rule 58 (a) is similar to that of the Rules of West
Bengal which has been considered by the Hon'ble Supreme Court.
Thus, in my view, the judgment of the Hon'ble Supreme Court is
applicable in this case also.
9. Since the petitioner has superannuated, no relief can be
granted to the petitioner.
10. Accordingly, this writ petition is dismissed.
(ANANDA SEN, J.)
Prashant.Cp-2
