SUMAN K SHRIVASTAVA
Ranchi, April 27: In a significant service law ruling, the Jharkhand High Court has directed the State Government to reconsider the promotion of nine Additional Collectors to the post of Joint Secretary, holding that they were unfairly denied consideration due to a miscalculation of vacancies.
Relief for 2006 Batch Officers
The judgment, delivered by Justice Deepak Roshan, brings relief to Sanjeew Kumar, Rajiv Kumar, Kamleshwar Narayan, Bijay Verma, Seema Singh, Jyoti Kumari Jha, Anant Kumar, Parmeshwar Munda and James Surin. All the officers were recruited through the First Combined Jharkhand Civil Services Examination, 2006 and are currently serving as Additional Collectors or in equivalent posts.
Court Flags Vacancy Miscalculation
The Court found that although the Departmental Promotion Committee (DPC) met on December 22, 2023, the State assessed only 14 vacancies for promotion, while the petitioners pointed to a significantly higher number of available and anticipated posts. The State did not deny these figures in its counter affidavit, which the Court treated as an admission. As a result, the petitioners were not considered for promotion despite being eligible.
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Chargesheet Came After Crucial Date
A key issue was the CBI chargesheet filed against the officers on April 30, 2024. The State later applied the sealed cover procedure in a DPC held in March 2025. However, the Court clarified that on December 22, 2023, no chargesheet or disciplinary proceeding was pending. Therefore, the sealed cover procedure could not have been applied to deny consideration at that stage.
Right to Be Considered for Promotion
Reiterating settled law, the Court held that while promotion itself is not a fundamental right, the right to be considered for promotion is protected under Articles 14 and 16 of the Constitution. It observed that administrative lapses such as incorrect vacancy calculation and delay in preparing promotion panels cannot defeat this right or allow juniors to gain an advantage.
Directions to the State Government
Finding that the State’s actions caused serious prejudice, the Court directed the government to recalculate vacancies as on December 22, 2023, including anticipated vacancies for 2024, and to carry out a fresh promotion exercise. If found fit, the petitioners are to be granted promotion along with notional and consequential benefits from the relevant date. The exercise must be completed within six weeks or before the next DPC meeting.
The Court clarified that the issue regarding the State’s failure to convene a DPC in 2024 was not examined in this case, leaving it open for the petitioners to challenge it separately if needed.
