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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Bikram Mandal S/o Shri Kuber – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. promotion eligibility of petitioners (Para 2 , 3) |
| 2. contentions on promotion denial (Para 4 , 5 , 6 , 7) |
| 3. improper communication regarding promotion (Para 8 , 9) |
| 4. non-submission of documents as a disqualification (Para 10 , 11 , 12) |
| 5. court's directive on promotion and consequence (Para 14) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioners for the following reliefs:
(a) Commanding upon the respondents to grant promotion to the petitioners to the promotional post of Assistant Engineer (Civil) with Pay-scale PB-II, Rs.9,300-34,800/-, Grade Pay of Rs.5,400/- (revised pay-scale Pay Matrix Level 9) under Jharkhand Engineering Services Category 2 since the date when similarly situated or juniors were granted promotion to the said post, with all consequential benefits including monetary benefits.
(b) Quashing/setting aside, with all consequences, the reasoned orders dated 18.9.2023 (as contained in Annexure-8 series) issued under the signature of the Secretary, Road Construction Department, Government of Jharkhand, Ranchi whereby the petitioners’ respective representations dated 27.6.
Promotion decisions must adhere to principles of natural justice, including adequate communication of requirements; discriminatory practices violate constitutional rights.
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
Quashing of punishment has retrospective effect; employee gets promotion and financial benefits from juniors' promotion dates when delay due to employer's fault; 'no work no pay' inapplicable; incomp....
Promotion cannot be denied from eligibility and vacancy date merely due to departmental delay in convening DPC for clarifications; review DPC under service handbook Clause 16.29 grants notional benef....
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
Failure to pass mandatory departmental examination renders employee ineligible for gazetted promotion despite seniority, adhoc service, or pre-retirement DPC; no right to regular/notional promotion o....
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