Promotion decisions must adhere to principles of natural justice, including adequate communication of requirements; discriminatory practices violate constitutional rights.

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 27.6.2023 (contained in Annexure-7 series) stood rejected.

(c) Quashing/setting aside, with all consequences, the notification contained in memo no.1421(S) dated 22.3.2023 (Annexure-4) issued under the signature of the Deputy Secretary, Road Construction Department, Government of Jharkhand to the extent it excludes the name of the petitioners as promotees.

3. The brief facts of the case are that initially Jharkhand Public Service Commission ("JPSC" in short) conducted Combined Junior Engineer Recruitment Examination, 2012 in which the petitioners stood successful. Thereafter, JPSC recommended the petitioners for appointment on the post of Junior Engineer (Civil). In terms of the recommendation of JPSC, the Engineer-in- Chief, Road Construction Department, Government of Jharkhand, Ranchi issued respective office orders appointing the petitioners under the cadre of Road Construction Department, Government of Jharkhand in the pay-scale of PB-11-Rs.9,300- 34,800/- with grade pay of Rs.4,200/-. In terms of the aforesaid orders the petitioners submitted their joining at the respective places.Thereafter, the Road Construction Department, Government of Jharkhand, Ranchi through its Under Secretary issued an order publishing a consolidated seniority list of Junior Engineers, which is contained in memo no.5506(S) dated 13.11.2019, which was provisional. Thereafter, a final seniority list was published vide order dated 23.02.2021.Subsequently, the JPSC convened a Departmental Promotion Committee (‘DPC’ in short) meeting on 14.03.2023; wherein a recommendation was made for promotion of Junior Engineers to the post of Assistant Engineer. In terms of the said recommendation the Road Construction Department, Government of Jharkhand issued a notification contained in memo no.1422(S) dated 22.03.2023, which has been issued under the signature of the Deputy Secretary, Road Construction Department, Government of Jharkhand; whereby list of Junior engineers were promoted to the post of Assistant Engineer (Civil) at the pay-scale of PB-II, Rs.9,300-34,800/- with Grade Pay of Rs.5,400/- (revised pay-scale Pay-Matrix Level-9). In the said notification dated 22.03.2023, the juniors have been promoted to the post of Assistant Engineer (Civil).

4. Being aggrieved by the same, the petitioner made written representation dated 05.04.2023 to the Principal Secretary, Road Construction Department, Government of Jharkhand, Ranchi, but in vain. Subsequently the petitioners moved this Court in W.P.(S) No.2332 of 2023 raising their grievance and this court has disposed of the aforesaid writ petition with a liberty to the petitioners to make a fresh representation and the respondents were directed to consider by speaking and reasoned order taking into consideration the fact that several juniors