Jharkhand High Court
Rajesh Kumar Gupta vs The State Of Jharkhand Through The Chief ... on 1 May, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
2025:JHHC:13029
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 2305 of 2025
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1. Rajesh Kumar Gupta, aged about 50 years, son of Late
Dinesh Prasad Gupta, resident of Village + P.O. - Korra (Sadar),
P.S. - Hazaribagh, District Hazaribagh, Jharkhand.
2. Anup Kumar, aged about 54 years, son of Late Ramcharan
Rabidas, resident of Village - Sirsi, P.O. Shankarpur, P.S.
Hazaribagh, District Hazaribagh, Jharkhand
3. Mahendra Rana aged about 55 years, son of Late Jodhan
Rana, resident of Village Okani, Near Chhota Shiv Mandir, P.O.
& P.S. Hazaribagh District - Hazaribagh, Jharkhand.
4. Pyar Chand Prasad, aged about 48 years, son of Mani Lal
Prasad, resident of Gaypahari, Kalhabad, Barkathha, P.O. &
P.S. Barkathha District Hazaribagh, Jharkhand.
5. Amitabh Kumar Sinha, aged about 53 years, son of Panchu
Lal, resident of New Area, Second Gali, P.O. & P.S. Jharkhand.
Hazaribagh, District Hazaribagh,Jharkhand
6. Suresh Ram, aged about 54 years, son of Aklu Bhuiyan,
resident of Allun Jakala, Ichak, P.O. & P.S. Ichak, District -
Hazaribagh, Jharkhand.
7. Suresh Kushwaha, aged about 47 years, son of Late Deva
Kushwaha, resident of Village - Basobar, P.O. & P.S. - Daru,
District - Hazaribagh, Jharkhand.
8. Prakash Kumar Goswami, aged about 52 years, son of
Nageshwar Nath Goswami, resident of Village Matwari (Ward
No. 02), P.O. & P.S. Matwari District - Hazaribagh, Jharkhand,
9. Md. Kamil, aged about 54 years, son of Late Abdul Aziz,
resident of Chistiya Mohalla, P.O. & P.S. Hazaribagh, District -
Hazaribagh, Jharkhand.
10. Bijay Kumar, aged about 48 years, son of Late Ganpat
Mahto, resident of Village Chandwara P.O. Ichak, P.S.
Hazaribagh, District Hazaribagh, Jharkhand
11. Devendra Nath Ojha, aged about 54 years, son of Late
Lokendra Narayan Ojha, resident of Village Nawadih, P.O. -
Salgawan, P.S. Katkamdag, District - Hazaribagh, Jharkhand.
....Petitioners
Versus
1. The State of Jharkhand through the Chief Secretary, State of
Jharkhand, having its office at Project Building, Dhurwa, P.O.
& P.S.- Dhurwa, District Ranchi.
2. The Deputy Commissioner, Hazaribagh, P.O. & P.S. -
2025:JHHC:13029
Hazaribagh, District - Hazaribagh.
3. The Nazarat Deputy Collector, Hazaribagh, P.O. & P.S.
Hazaribagh, District - Hazaribagh.
4. The Superintending Engineer, Rural Engineering
Organization, having its office at Hazaribagh, P.O. & P.S.
Hazaribagh, District - Hazaribagh.
5. The Executive Engineer, Rural Works Division, Hazaribagh,
P.O. & P.S. Hazaribagh., District Hazaribagh.
6. The Executive Engineer, Rural Development Special Division,
Hazaribagh, P.O. & P.S. Hazaribagh,District - Hazaribagh.
7. The Executive Engineer, Water Ways Division, Hazaribagh,
P.O. & P.S. - Hazaribagh, District -Hazaribagh.
8. The Executive Engineer, Minor Irrigation Division,
Hazaribagh, P.O. & P.S. - Hazaribagh, District Hazaribagh.
....Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioners : Mr. Krishna Shankar, Adv.
For the Resp.-State : Mr. Suraj Prakash, A.C. to S.C.-VII
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05/01.05.2025
The instant writ application has been preferred by
the petitioner for the following reliefs;
(a) For issuance of an appropriate writ, order or
direction, particularly a writ in the nature of
mandamus, commanding upon the respondents to
grant promotion by way of financial upgradation since
the petitioners have completed more than ten years of
service from the date of appointment/recommendation
and to direct the concerned respondents to consider
the case of the petitioners in light of the order dated
11.05.2023 passed by this Hon'ble Court in W.P.(S)
No. 5132 of 2018 (Annexure-5).
(b) For issuance of a further appropriate writ, order or
direction, particularly a writ in the nature of
2025:JHHC:13029
mandamus, commanding upon the respondents to
grant seniority to the petitioners from the date of
issuance of first appointment letters by the
respondents as per the merit list prepared by the
respondents and also as per the direction passed by
this Hon'ble Court in W.P.(S) No. 2819 of 2006 vide
order dated 01.08.2007 (Annexure-4), as juniors to the
petitioners who have appointed in Class-IV post in the
district cadre have become senior due to the date of
joining in Class-IV post.
(c) For issuance of a further appropriate writ, order or
direction, particularly a writ in the nature of
mandamus, commanding upon the respondent that the
petitioners are entitled for promotion by way of
financial upgradation after considering their
appointment with effect from the year 2005.
(d) For issuance of a further appropriate writ, order or
direction, particularly a writ in the nature of
mandamus, commanding upon the respondents to
take decision on representation of the petitioners to
grant seniority as per merit list and as per the first
appointment letter, the petitioners should be treated
senior in comparison to those candidates who have
been kept below in the merit list prepared by the
respondents.
And/Or
(e) For the issuance of such other writ, order or
direction as may appear just and proper in the facts
and circumstances of the case for doing conscionable
justice to the petitioners.
2. At the outset, learned counsel for the petitioners
2025:JHHC:13029
submits that the issue involved in this case has already been
settled in the case of Devendra Kumar & Ors. Versus The
State of Jharkhand & Ors. (W.P.(S) No. 5132 of 2018);
wherein the Coordinate Bench of this Court has directed the
concerned respondent to consider the case of the respective
petitioners.
3. Relying upon the aforesaid order learned counsel fairly
submits that the instant writ application may be disposed of
by directing the concerned respondent to look into the matter
with regard to the grievance raised by the petitioners and
grant benefits as prayed for in the light of order referred to
hereinabove.
4. Learned counsel for the respondents fairly submits that
since no counter-affidavit has been filed; as such the
concerned respondent will take a decision in accordance with
law and the judgment referred to hereinabove and if the case
of the petitioners would be same and similar, then certainly
their grievance will be redressed.
5. Having regard to the aforesaid facts and circumstances
of the case and looking to the averments made in the writ
application and also Annexure-5; the instant writ application
is, hereby, disposed of; by directing the 2nd respondent to
treat this writ application as representation and take a
decision in the matter with regard to the grievance raised by
2025:JHHC:13029
the petitioners in the light of order passed in the case of
Devendra Kumar & Ors (Supra), after consulting and verifying
the documents from other concerned offices where the
petitioners have worked, and pass a reasoned and speaking
order.
It goes without saying that, if the petitioners' case
is the same and similar with that of the petitioners in
Devendra Kumar & Ors.(supra), then necessary benefits would
be extended to them. The entire exercise shall be completed
within a period of 16 weeks from the date of receipt of copy of
this order.
6. Learned counsel for the petitioner is also directed to
serve copy of this writ application to the 2nd respondent for
early disposal of their grievance.
7. Accordingly, the instant writ application stands
disposed.
(Deepak Roshan, J.)
Amardeep/-
