Rajesh Kumar Sah vs State Of Jharkhand And Ors

Heard Mr. Prashant Pallava, the learned counsel appearing for the petitioner and Mr. Anis Khan, AC to GP-IV appearing on behalf of the

respondent-State.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising

due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been

heard.

The petitioner has preferred this writ petition for a direction to consider the case of the petitioner for promotion to the post of Deputy Secretary on

and from the date when his juniors were given promotion with effect from 11.01.2016. The further prayer is made for a direction to give the

consequential benefit to the petitioner as attached to the post of Deputy Secretary with effect from 11.01.2016 as the juniors to the petitioner were

promoted to the post.

Mr. Prashant Pallava, the learned counsel for the petitioner submits that the petitioner was declared successful in 42nd Civil Services Examination

conducted by the Bihar Public Service Commission and he was selected for Bihar Administrative Service. He submits that the petitioner’s service

was confirmed on 20.11.2001 after completion of his probation. He submits that on 24.11.2003 the Department of Personnel, Administrative Reforms

and Rajbhasha has published the gradation list. The petitioner was given promotion to the post of Under Secretary vide order dated 27.01.2012. The

petitioner’s promotion is unnecessarily being delayed without there being any rhymes and reasons. The petitioner approached the Secretary,

Department of Personnel, Administrative Reforms and Rajbhasha by filing the representation. The name of the petitioner was not considered in the

Departmental Promotion Committee meeting and the juniors to the petitioner in the gradation list have been given promotion to the post of Deputy

Secretary with effect from 11.01.2016 which is evident from order dated 11.01.2016 that the officers placed at sl.no.32 to 50 are junior to the

petitioner. The petitioner filed representation on 02.07.2019. He submits that the petitioner has got every right for being considered for the post of

Deputy Secretary from the date when his juniors were given promotion. The case of the petitioner has not been considered.

The learned counsel for the respondent State by way of referring to the counter affidavit submits that the petitioner’s name while considering at

sl.no.77, the said DPC made recommendation that due to unavailability of updated property details, not eligible for promotion. He further submits that

in the next DPC, the case of the petitioner will be considered.

Mr. Pallava, the learned counsel for the petitioner submits that the petitioner has filed rejoinder wherein at paragraph no.5 he has clearly stated that

the petitioner has already furnished the property details by letter dated 14.06.2016 and 24.09.2018 contained in Annexure-7 to the rejoinder. He further

submits that special DPC may be directed to be called.

The Court has perused the Annexure-7 to the rejoinder. Thus, it transpires that the stand of the respondent State is preposterious. Accordingly, the

case of the petitioner is fit to be considered for promotion as the juniors to the petitioner have been promoted.

The State is directed to consider the case of the petitioner in the light of the submission made by the learned counsel for the respondent State in the

next DPC meeting in accordance with the rules, regulations and guidelines and considering this aspect of the matter that the juniors to the petitioner

have been promoted to the said post whereas the petitioner has already submitted the property detail which is evident from Annexure-7 to the

rejoinder.

With the above observation and direction, the instant writ petition [W.P.(S) No.7111 of 2019] stands disposed of.

I.A. if any also stands disposed of.