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2026:JHHC:2181

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No.161 of 2023

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Nupur Nalini Bhagat, wife of Shri Sunil Oraon, resident of Flat

No.201B, Lotus Apartment, P.O. & P.S. Bariatu, District Ranchi,

Jharkhand, presently posted as Assistant Settlement Officer, Ranchi,

P.O., P.S. & District Ranchi. … … Petitioner

Versus

1. The State of Jharkhand, through the Chief Secretary,

Government of Jharkhand, P.O. & P.S. Dhurwa, District Ranchi.

2. The Principal Secretary, Department of Personnel Administrative

Reforms and Rajbhasha, Government of Jharkhand, P.O. & P.S.

Dhurwa, District Ranchi.

3. The Joint Secretary, Department of Personnel Administrative

Reforms and Rajbhasha, Government of Jharkhand, P.O. & P.S.

Dhurwa, District Ranchi.

4. The Deputy Secretary, Department of Personnel Administrative

Reforms and Rajbhasha, Government of Jharkhand, P.O. & P.S.

Dhurwa, District Ranchi.

… … Respondents

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Sumit Prakash, Advocate

For the Respondent(s): Mr. Niraj Kumar Mishra, AC to GP-IV

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05/ 28.01.2026

By filing this writ petition, the petitioner has prayed for

the following reliefs:-

“(a) For issuance of appropriate writ(s)/ order(s)/

direction(s) for commanding upon the

respondents to consider and grant promotion

to the Petitioner on the post of Sub-Divisional

Officer and equivalent grade in the Unrevised

Pay Scale of Rs.15600-39100 with Grade Pay

Rs.6,600/- (Revised Pay Scale : Pay Matrix –

Level-11) from basic and equivalent grade of

Unrevised Pay Scale Rs.9300-34800 with

Grade Pay Rs.5400/- (Revised Pay Scale :Pay

Matrix-Level-09) with all consequential benefits

with effect from 24.12.2020 i.e. the date on

which the juniors to the Petitioner have been

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granted promotion by the 1^st Departmental

Promotion Committee held on 24.12.2020, the

Petitioner though having been eligible for

promotion has been discriminated in the grant

of promotion citing the reason that updated

ACR was not available at the time of 1^st

Departmental Promotion Committee.

And / Or

(b) The Petitioner further prays for issuance of

further appropriate writ(s)/ order(s)/

direction(s) commanding upon the respondents

who have granted promotion to the Petitioner

from 14.12.2022 i.e. the date on which 2^nd

Departmental Promotion Committee was held

while ignoring the fact that the Petitioner was

eligible for promotion on 24.12.2020 i.e. the

date of 1^st Departmental Promotion Committee,

when the juniors to the Petitioners have been

promoted.”

2. Heard learned counsel representing the petitioner and

learned counsel representing the respondents.

3. It is the case of the petitioner that her case was

considered by the Departmental Promotion Committee (DPC), but

promotion was not granted on the ground that the updated ACR was

not available before the Committee at that point of time. It is an

admitted case of the petitioner that the petitioner later on was

granted promotion on 14.12.2022, however her juniors were

promoted on 24.12.2020. The reason for not granting promotion is

non-est in the eyes of law, thus the petitioner wants that her

promotion should be granted w.e.f. 24.12.2020.

4. The respondents in their counter affidavit at para-14,

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have stated that out of five years’ Performance Appraisal Report,

records of only 46 months 11 days were available at the time of the

Departmental Promotion Committee Meeting, which was held on

24.12.2020, thus the petitioner was not granted the promotion in

the year 2020.

5. From the facts narrated in the pleadings, it is clear that

due to non-availability of the entire ACR, the case of the petitioner

was not considered by the DPC on 24.12.2020. These latches cannot

be attributed to the petitioner. Respondents should have collected

all the materials before considering promotion.

6. Thus, I direct the respondents to consider the case of the

petitioner to grant her promotion from the date on which her juniors

were promoted and restore her seniority.

6.1. Necessary orders considering the