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2025 DIGILAW 587 (JHR)

Arun Kumar son of late Shri Mohan Sahu v. State of Jharkhand through its Principal Secretary, Department of Urban Development and Housing

2025-02-24

ANANDA SEN

body2025
JUDGMENT : Ananda Sen, J. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. Petitioner, in this writ petition, has prayed for the following reliefs:- (a) For quashing the letter dated 28.01.2025 (Annexure-12) whereby the Respondent No.3 has inter alia stated that the petitioner does not fulfill the prescribed eligibility for the post of Assistant Law Officer in the Ranchi Municipal Corporation and has returned the proposal for the petitioner’s promotion; (b) Upon quashing the aforesaid letter dated 28.01.2025, for a declaration holding and declaring that the petitioner fulfills the prescribed eligibility criteria for being promoted to the post of Assistant Law Officer in the Ranchi Municipal Corporation; (c) For a direction upon the Respondents to consider the case of the petitioner for grant of promotion to the post of Assistant Law Officer in the Ranchi Municipal Corporation with all consequential benefits; (d) During the pdendency of the instant writ petition, for an appropriate interim order allowing the petitioner to continue discharging work on the post of Legal Assistant in the Ranchi Municipal Corporation and restraining the Respondents from removing the petitioner from the post of Legal Assistant in the Ranchi Municipal Corporation. 3. Learned counsel for the petitioner submitted that the petitioner is working and performing the duty of Assistant in the Legal Wing, thus, he can be promoted as Assistant Law Officer. Since he is working in the Legal Wing, he is entitled to be promoted to the post of Assistant Law Officer in the respondent Corporation. Petitioner possesses all the requisite qualifications, both educational and experience, thus, denying him promotion is absolutely bad. He submits that the petitioner is working as an Assistant, which is in same pay scale as that of Legal Assistant, thus, there is no impediment for his promotion as Assistant Law Officer. 4. Learned counsel for the respondents submitted that Legal Wing is a separate cadre. Petitioner has been appointed as an Assistant and since there was no separate Cadre, he was asked to perform as an Assistant in the Legal Wing. Only because he is working in the Legal Wing it will not give him any right to be appointed as the Assistant Law Officer. It is the case of the respondents that as per the Rule, the entry point in the Legal Wing is Legal Assistant, who can only be appointed by way of direct recruitment. Only because he is working in the Legal Wing it will not give him any right to be appointed as the Assistant Law Officer. It is the case of the respondents that as per the Rule, the entry point in the Legal Wing is Legal Assistant, who can only be appointed by way of direct recruitment. Thus, the petitioner is not entitled for any relief. 5. After hearing the parties, I find that admittedly, the petitioner was appointed on a Class III post as an Assistant. He was not appointed as a Legal Assistant though he is a law graduate. Appointment of the petitioner was sometime in May 1996. Admittedly, for the first time, vide resolution No.1949 dated 21.05.2010 the post of Legal Assistant and Assistant Law Officer were created in Ranchi Municipal Corporation. There are two posts of Legal Assistants in the pay scale of Rs.4,500 - 7,000/- and Assistant Law Officer in the pay scale of Rs.6,500 – 10,500/-. 6. The Legal Wing, consisting of Legal Assistant and Assistant Law Officer, is a separate cadre which is different than the cadre in which the petitioner was appointed. Admittedly, the petitioner is not in the same cadre of the Legal Assistants. The petitioner wants promotion to the post of Assistant Law Officer, which is definitely a promotional post, for which the feeder post is Legal Assistant. Admittedly, the petitioner is not a Legal Assistant belonging to the Legal Cadre. He is simply an Assistant working in the Legal Department, which will not make him a Legal Assistant as per the Cadre. The post of ‘Legal Assistant’ has to be filled up by direct recruitment, then only a Legal Assistant, who has been appointed directly can be promoted as Assistant Law Officer. 7. Thus, the petitioner has got no right to be promoted to the post of Assistant Law Officer. Furthermore, the judgment referred to by the petitioner is not applicable in the instant case as because the petitioner is absolutely in different cadre. Promoting him to the post of Assistant Law Officer will result in inter-cadre promotion. Without entering in the Legal Cadre, the petitioner cannot claim to be promoted to a promotional post in Legal Cadre. The claim of the petitioner, thus, has rightly been rejected. 8. I find no merit in this writ petition. This writ petition is, accordingly, dismissed. Promoting him to the post of Assistant Law Officer will result in inter-cadre promotion. Without entering in the Legal Cadre, the petitioner cannot claim to be promoted to a promotional post in Legal Cadre. The claim of the petitioner, thus, has rightly been rejected. 8. I find no merit in this writ petition. This writ petition is, accordingly, dismissed. Pending interlocutory applications, if any, stand disposed of.