Jharkhand High Court
Yamuna Prasad Singh vs The State Of Jharkhand Through The Chief ... on 10 March, 2025
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.1161 of 2025
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Yamuna Prasad Singh, S/o Late Basudeo Singh, R/o Near Ice
Cream Factory, Itki Road, Hehal, P.O.-Hehal, P.S.-Sukhdeonagar,
District-Ranchi. ... ... ... Petitioner
Versus
1. The State of Jharkhand through the Chief Secretary having its
office at 1st Floor, Project Building, Dhurwa, Ranchi.
2. The Secretary, Department of Personnel, Administrative
Reforms and Rajbhash, Government of Jharkhand, having its
office at 1st Floor, Project Building, Dhurwa, Ranchi.
3. The Deputy Secretary, Department of Personnel, Administrative
Reforms and Rajbhash, Government of Jharkhand having its
office at 1st Floor, Project Building, Dhurwa, Ranchi.
4. The Secretary, Department of Road Construction, Government
of Jharkhand having its office at Project Bhawan, Dhurwa,
Ranchi.
5. The Under Secretary, Department of Road Construction,
Government of Jharkhand having its office at Project Bhawan,
Dhurwa, Ranchi.
... ... ... Respondents
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Ajit Kumar, Sr. Advocate, with
: Ms. Aprajita Bhardwaj, Advocate
For the Respondent : Ms. Deepika Jojowar, A.C. to S.C.-VI
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03 /10.03.2025
Heard learned senior counsel representing the petitioner
and learned counsel representing the respondents, at length.
2. The petitioner is praying to shift back his date of
promotion to the post of Assistant Engineer to 27.06.1987 from
03.05.2013. It has also been prayed to promote him as Executive
Engineer with effect from 23.11.2009. Further, he prays to be
promoted to the post of Superintending Engineer with effect from
03.02.2016. The petitioner is making prayer to shift back his date
of promotion in the post of Assistant Engineer. He further prays for
promotion to the post of Executive Engineer on the ground that his
immediate juniors have been promoted on those particular date i.e.
on 27.06.1987 and 23.11.2009.
3. During course of argument, it has been fairly submitted
that the petitioner has already superannuated on 31.10.2016, but
according to the petitioner, the cause of action arose very recently
when the rumors got promoted.
4. When the order was passed to promote the juniors, the
petitioner was not in service or was at the fag end of his service
career. The petitioner is now praying for retrospective promotion as
he has superannuated.
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 reads 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 stands dismissed.
(ANANDA SEN, J.)
Prashant. Cp-2
