Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Ashok Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
W.P. (S) No. 1390, 1422, 3405, 3843 of 2021
Decided on : 13-01-2022
Constitution of India, 1950 - Articles 162 and 166 - Jharkhand Administrative Service Rules, 2015 - Rule 22 - Combined Civil Service Examination, 2010 - Administrative Services – Resolution - Departmental Promotion Committee - Blanket order of stay in any promotion - Aggrieved by Memo issued by Principal Secretary, Department of Personnel, Administrative Reforms and Government of Jharkhand, whereby it has been informed to Principal Secretaries/Secretaries and Heads of all Departments about blanket decision taken by State Government for not granting any promotion to employees of State Government till further decision taken by State Government in this regard. Further prayer of the petitioners is for a direction upon the respondents to grant them promotion.
Finding of the Court :
Court opinion that impugned order of blanket stay on promotion is out and out illegal, arbitrary, discriminatory, cryptic and mechanical and malafide on part of State respondents. Promotion of petitioners ought to have been notified by respondents after recommendations of Departmental Promotion Committee after putting necessary rider, as has been done in matters of other persons of Administrative Services, who have been granted promotion vide Notification - But same has not been done in case of petitioners herein and some of petitioners have either retired or are likely to retire in case of Inspectors - No reason has been assigned while passing impugned order restraining any promotion and withholding recommendations of Departmental Promotion Committee. It is crystal clear that in several other departments matter regarding promotions were already considered and granted even after blanket order staying any promotions whereas in case of petitioners, ground of blanket order of stay has been taken for granting promotion even after recommendations of Departmental Promotion Committee. Discriminatory and callous approach of respondents – State is not praiseworthy rather it is not accepted in a welfare State. Pick and choose methods adopted by State is hereby deprecated. On several occasions these cases were adjourned on ground that State is going to withdraw blanket order of stay but even after granting several adjournment, no such affidavit was filed which itself is clear and speaks volume about action of State - Impugned order issued vide Memo by Principal Secretary, Department of Personnel, Administrative Reforms and Government of Jharkhand, is not tenable in eyes of law and same quashed and set aside. As a result of quashment of blanket order of stay, court direct concerned head of the departments to grant promotion to petitioners whose cases were considered for promotion by the Departmental Promotion Committee.
Result: Writ petitions allowed
JUDGMENT :
Dr. S.N. Pathak, J
The issues involved in all the writ petitions are same, similar and identical and as such they have been tagged and heard together on various dates and are being disposed of by this common order.
PRAYER
2. The writ petitioners in all these writ petitions are mainly aggrieved by the Memo No. 6752, dated 24.12.2020, issued by the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, whereby it has been informed to the Principal Secretaries/Secretaries and Heads of all the Departments about the blanket decision taken by the State Government for not granting any promotion to the employees of the State Government till further decision taken by the State Government in this regard. Further prayer of the petitioners is for a direction upon the respondents to grant them promotion.
3. In first set of cases i.e. W.P. (S) No. 3843 of 2021 and W.P. (S) No. 3405 of 2021, petitioners, who are the appointee in the State Services after they have been declared successful by the Jharkhand Public Service Commission in the 3rd Combined Civil Services Examination, 2010, have prayed for a direction upon the respondents to notify their promotion to the post of Sub-Divisional Officer and equivalent posts in view of recommendations made by the Departmental Promotion Committee vide its meeting dated 24.12.2020 wherein petitioners have been found to be eligible and fit for promotion. Further prayer has been made for a direction upon the respondents to pay all consequential benefits which would have accrued if petitioners were timely promoted to the post of Sub-Divisional Officer or equivalent posts.
4. In another set of cases i.e. W.P. (S) No. 1390 of 2021 and W.P. (S) No. 1422 of 2021, petitioners have prayed for a direction upon the respondents to notify order of promotion to the post of Dy. S.P. in view of the fact that Board of Director General of Police has already recommended their case on 28.09.2020 to the State Government for notification of order of promotion.
FACTS OF THE CASE IN W.P. (S) No. 3843 of 2021 and W.P. (S) No. 3405 of 2021
5. According to petitioners, they appeared and declared successful in the 3rd Combined Civil Service Examination, 2010 and accordingly, pursuant to the Notification no. 4836, dated 11.08.2010, they were appointed to the post of Deputy Collector in Jharkhand Administrative Services. After completion of training, petitioners were variously posted for discharging their duties and on completion of probation period, their services were confirmed. Pursuant to the Resolution No. 3286, dated 04.04.2014, State came up with the minimum Kalawdhi (period of service) required for promotion in different posts/ cadre. For promotion from the Grade Pay of 5,400 to 6,600, the Kalawdhi required is 5 years and at present petitioners have completed 11 years of unblemished service. Petitioners are governed by the Jharkhand Administrative Service Rules, 2015, which is contained in Notification No. 3747, dated 23.04.2015. In terms of Rule 22 of the 2015 Rules, the Departmental Promotion Committee held its meeting on 24.12.2020 and considered case of the petitioners for promotion from the Basic Grade of Jharkhand Administrative Services Pay Matrix Level 9 to the post of Sub-Divisional Officer and equivalent post Pay Matrix level 11 and upon being found fully eligible, petitioners were declared fit for promotion. However, in view of letter no. 6752, dated 24.12.2020, issued by the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, whereby it has been informed that a decision has been taken to stop promotion with immediate effect in all services and posts until further order, the recommendation of the Departmental Promotion Committee for their promotion could not be notified and as such, they have knocked door of this Court.
FACTS OF THE CASE IN W.P. (S) No. 1390 of 2021 and W.P. (S) No. 1422 of 2021
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
