Umesh Kumar Vs Jharkhand Urja Vikas Nigam Limited through Its Chairman Cum Managing Director — Jharkhand HC (2024) — LawSathi Research

Umesh Kumar Vs Jharkhand Urja Vikas Nigam Limited through Its Chairman Cum Managing Director — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application treated as a representation before respondent No.4 (Chairman-cum-Managing Director, Jharkhand Bijli Vitran Nigam Limited), who must consider the petitioner's promotion claim by a reasoned and speaking order in accordance with applicable rules, extend consequential benefits if the claim is genuine, and complete the exercise within 12 weeks; petitioner to serve copies on respondent No.4; pending I.As closed.

Issue for consideration

Whether the petitioner, claiming entitlement to promotion to the post of Executive Director (Finance & Accounts) with effect from 10.10.2019, should be granted that promotion with all consequential benefits.

Court's answer

Without going into the merits, the writ application is disposed of by directing respondent No.4 to treat it as a representation and consider the petitioner's claim by passing a reasoned and speaking order in accordance with law and the applicable rules and regulations of the respondent-Company, extending necessary consequential benefits if the claim is found genuine.

Ratio / Principle

The entire exercise of considering the claim is to be completed by the concerned respondent within 12 weeks from receipt/production of a copy of the order.

Key takeaways

The petitioner is directed to serve a copy of the writ petition along with this order before respondent No.4 for early disposal of his claim.ratio¶27

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Deepak Roshan, J.) disposed of W.P.(S) No.7717 of 2023 (Umesh Kumar v. Jharkhand Urja Vikas Nigam Ltd. and others) without examining merits. Petitioner, aged 61, claimed promotion to Executive Director (Finance & Accounts) with effect from 10.10.2019 with consequential benefits, alleging his representations went unheeded. As no counter affidavit had been filed, the Court treated the writ application as a representation before respondent No.4 (Chairman-cum-Managing Director, Jharkhand Bijli Vitran Nigam Limited), requiring him to decide the claim by a reasoned and speaking order in accordance with law and applicable rules and to extend consequential benefits if the claim were genuine; the exercise to conclude within 12 weeks of receipt/production of the order copy. Petitioner directed to serve copies of the writ petition and order on respondent No.4; pending I.As closed.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.7717 of 2023

Umesh Kumar, aged about 61 years, son of Sri R.N. Prasad, resident of Flat No.-4 D, D Block, Satyabhama Grand Apartment, Kusai, P.O. & P.S.-Doranda, DistrictRanchi, Jharkhand. … Petitioner

Versus

Jharkhand Urja Vikas Nigam Limited, through its Chairman-cum-Managing Director;

Chairman-cum-Managing Director, Jharkhand Urja Vikas Nigam Limited;

Jharkhand Bijli Vitran Nigam Limited, through its Chairman-cum-Managing Director;

Chairman-cum-Managing Director, Jharkhand Bijli Vitran Nigam Limited;

Director (Finance), Jharkhand Urja Vikas Nigam Limited;

General Manager (Personnel & General Administration cum Director (HR), Jharkhand Urja Vikas Nigam Limited;

Deputy General Manager (HR), Jharkhand Urja Vikas Nigam Limited;

All 1 to 7 at Engineering Building, H.E.C., P.Ο. &

P.S.- Dhurwa, District- Ranchi, Jharkhand-834004. .……Respondents

CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Petitioner : Mr Akchansh Kishore Piyush, Adv. For the Respondents : Mr. Manoj Kumar

04/Dated:11.09.2024

Heard learned counsel for the parties.

2. The grievance of the petitioner is that though he is entitled for promotion but he has not been given promotion as he is entitled for the post of Executive Director (Finance & Accounts) with effect from 10.10.2019 with all consequential benefits.

3. Learned counsel for the petitioner submits that though he has represented the respondents several times but no heed has been given by them.

4. Learned counsel for the respondent submits that since no counter affidavit has been filed, as such the

1

petitioner may be directed to file a fresh representation before the respondent No.4 who shall look into the matter in accordance with law.

5. Having regard to the aforesaid submissions and looking into the prayer made in the instant writ application; without going into merits of the case, the instant writ application is hereby disposed of by directing the respondent no.4 to treat this writ application as representation and consider the claim of the petitioner by passing a reasoned and speaking order in accordance with law and applicable rules and regulations of the respondent-Company and if the claim of the petitioner is found to be genuine, then necessary consequential benefits be extend to him.

The entire exercise shall be completed by the concerned respondent within a period of 12 weeks from the date of receipt/production of a copy of this order.

6. The petitioner is directed to serve a copy of this writ petition along with this order before the respondent no.4 in order for early disposal of his claim.

7. Accordingly, the instant writ application is hereby disposed of. Pending I.As, if any, also closed.

( Deepak Roshan, J.)

Fahim/-

2