Sunil Kumar vs State of Jharkhand

Heard the parties.

Petitioners have approached this Court with a prayer for grant of regular promotion to the post of Additional Registrar, Joint Registrar and Deputy

Registrar of Co-operative Societies to the respective petitioners as per their eligibility from the date the same has fallen vacant. Further prayer has

been made to grant the benefits of ACP/MACP from the date they are entitled for the same in accordance with law.Â

The case of the petitioner lies in a narrow compass. The petitioners are  Officers of Jharkhand Co-operative Service and have been serving in the

State of  Jharkhand ever since the re-organization of the State and their allocation of the cadre to the State of Jharkhand. Their service conditions

falls within the ambit of Jharkhand Co-operative Service Rule, 2012. It is the specific case of petitioner Nos. 1 to 3 that their cases for promotion were

considered by the Departmental Promotion Committee in the year 2016 itself and they were found fit for promotion but no promotion orders have been

issued till date. These three petitioners along with rest of the petitioners are aggrieved by non-issuance of promotion orders/ non-consideration of their

cases for promotion, though they are fully entitled for the same in accordance with Jharkhand Co-operative Rules, 2012. As their cases were not

considered for promotion some of the petitioners filed representation before the respondent-authorities but no heed was paid and no orders have been

passed till date and hence, they were constrained to knock the door of this Hon’ble Court.

Mr. Mrinal Kanti Roy, learned counsel appearing for the petitioner strenuously urges that though the cases of the petitioner Nos. 1 to 3 were

considered for grant of promotion and they were found fit by the Departmental Promotion Committee but no promotional orders have been issued till

date and as such, a direction be given to the respondent-authorities for considering their cases and in view of the fact that they were considered for

promotion and thereafter, an order to that effect be issued since they have served the Department for a long period. So far as the other petitioners are

concerned, their cases are not considered for promotion despite the fact that seats are available and they are fully eligible for being considered for

promotion in view of Jharkhand Cooperative Rules, 2012. Mr. Roy further argues that petitioners also entitled for the benefits of ACP/MACP from

the date the same has fallen due. In such circumstances, a direction may be issued for consideration of the cases of the petitioners for grant of

promotion as well as for grant of ACP/MACP as per their eligibility.

Mr. Suraj Prakash, AC to learned SC (Mines) very fairly submits that since no counter-affidavit has been filed, he is not in a position to say that

why no promotion orders have been issued inspite of the fact that they were found fit for promotion. Further, the learned counsel for the respondents

is unable to state that as to what was the occasion for not considering the cases of the other petitioners for grant of promotion. However, since their

representations are pending before the Department, the same shall be considered and if the petitioners are found entitled in accordance with law for

promotion, an order to that effect shall be passed.

Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that cases of the petitioners need

consideration. From the claims made in the writ petition as well as the arguments advanced by the learned counsel for the petitioners it appears that

the cases of the petitioner Nos. 1 to 3 were already considered by the Department whereas rest of the petitioners are still wating for their cases to be

considered by the respondent authority for grant of promotion. It is settled principle of law that there is no right of promotion but there is always right

to be considered for promotion.Â

In the backdrop of aforementioned situation, I hereby direct the respondent No. 2 to consider the cases of petitioner Nos. 1 to 3 and issue

appropriate orders in accordance with law keeping in view that they have already been found fit by the Departmental Promotion Committee in the

year 2016 itself. Further, as other petitioners are also eligible for promotion in view of Jharkhand Co-operative Rules, 2012, a reasonable opportunity

may be granted to them for being considered for grant of promotion and ACP/MACP as per their respective eligibility.

The petitioners are directed to a file a fresh representation annexing all the documents on which they want to rely within a period of two weeks

from the date of receipt of a copy of this order and upon receipt of such representation, the same shall be considered by the respondent No. 2 and

appropriate reasoned order shall be passed, in accordance with law, within a further period of four weeks, from the date of receipt of such

representation. Needless to say that if the petitioners are found entitled for the benefits as claimed by them in the instant writ application, an order to

that effect shall be issued.

Resultantly, the writ petition stands disposed of.