STATE OF JHARKHAND versus BHADEY MUNDA & ANR.

Citation: [2014] 7 S.C.R. 765 · Decided: 10-09-2014 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

(2014] 7 S.C.R. 765 
STATE OF JHARKHAND 
v. 
BHADEY MUNDA & ANR. 
(Civil Appeal No. 8616 OF 2014) 
SEPTEMBER 10, 2014 
[MADAN B. LOKUR AND C. NAGAPPAN, JJ.] 
A 
B 
Service law: Promotion - Names of respondents 
·ecommended for.promotion along with other functional 
managers - Bifurcation of State - Services qf respondents 
C 
allocated to State of Jharkhand - Others whose names 
recommended for promotions and allocated to State of Bihar 
promoted - However respondents not promoted on the ground 
/that recommendations of DPC of State of Bihar not binding 
/ on State of Jharkhand and vacancy for promotion also did not D 
· exist - Held: If there is no vacant post for the appointment of 
a direct recruit or for the promotion of an employee, 
recruitment 
or 
promotion 
cannot 
be 
made 
Recommendations of the DPC held anterior to the date of the 
constitution of the Jharkhand High Court and the State of E 
Jharkhand could not be implemented and the exercise of 
accepting the recommendation of the DPC from a date prior 
to the date of formation of tf,a State of Jharkhand could have 
been taken only by the State of Bihar and not by the State of 
Jharkhand. 
· Allowing the appeal, the Court 
F 
HELD: 1. Mere chance of a promotion is not a 
condition of service In the instant case, service condition 
had not been varied to the disadvantage of the 
G 
respondents. A vacancy can be filled up only if it exists. 
If there is no vacant post for the appointment of a direct 
recruit or for the promotion of an empioyee, a promotion 
or recruitment cannot be made .. The Jharkhand High 
765 
H 
766 
SUPREME COURT REPORTS 
[2014] 7 S.C.R., 
A Court could not have directed implementation of the 
recommendations of the DPC held on 15th February, 
1999 that is from a date anterior to the date of the. 
constitution of the Jharkhand High Court and the State' 
of Jharkhand and the exercise of accepting the' 
B recommendation of the DPC held on 15th February, 1999 
that is from a date anterior to the date of the constitution 
of the Jharkhand High Court and the State of Jharkhand 
and the exercise of accepting the recommendation of the 
DPC from a date prior to the date of formation of the State 
c of Jharkhand could have been taken only by the State of 
Bihar and not by the State of Jharkhand. [Paras 19,20, 26, 
29) [773-G; 774-8-C; 776-D-E] 
Mohd. Shujat Ali vs. Union of India (1975) 3 SCC 
76:1975 (1) SCR 449; Mohammad Bhakar v. Y. Krishna 
D . Reddy 1970 SLR 768; State of Mysore v. G.B. Purohit (1967) 
1 SLR 753; Ramchandra Shankar Deodhar v. The State of 
Maharashtra (1974) 1 SCC 317: 1974 (2) SCR 216; Madan 
Lal v. State of J&K (1995) 3 sec 486:1995 (1) SCR 908; 
Debabrata Dash v. Jatindra Prasad Das (2013) 3 SCC 658: 
E 2013 (2) SCR 331; State of Uttarakhand v. Umakant Joshi 
(2012) 11 sec 164 - relied on. 
Case Law Reference: 
1975 (1) SCR 449 
Relied on 
Para 19 
F 
1970 SLR 768 
Relied on 
Para 19 
(1967) 1 SLR 753 
Relied on 
Para 19 
1974 (2) SCR 216 
Relied on 
Para 19 
G 
1995 (1) SCR 908 
Relied on 
Para 21 
2013 (2) SCR 331 
Relied on. 
Para 21 
(2012) 11 sec 164 
Relied on 
Para 22 
H 
. STATE OF JHARKHAND v. BHADEY MUNDA 
767 
CIVIL APPELLATE JUJRISDICTION : Civil Appeal 
A 
No.8q16 of 2014 
From the Judgment and Order dated 17-02-2012 of the 
High Court of Jharkhand at Ranchi in LPA No.394 of 2011. 
A. Sharan, Kunal Verma for the Appellant. 
Sumeet Gadodia, Kaushik ~oddar for the Respondents. 
The Judgment of the Court was delivered by 
MADAN B. LOKUR, J. 1. Leave granted. 
2. From sometime in 1990, both the respondents were 
B 
c 
holding the post of Functional Manager in the Department of 
Industries in the erstwhile State of Bihar. Later, they were 
working as in-charge General Manager/Deputy Director of D 
Industries with effect from 9th November, 1998 and 1st 
November, 1996 respectively. 
3. On 15th February, 1999 a meeting of the Departmental 
Promotion Committee (DPC) was convened for recommending 
promotions of Functional Managers to the next higher post of 
E 
General Manager/Deputy Director of Industries. The DPC 
recommended seven Functional Managers (including both the 
respondents) be promoted to the post of General Manager/ 
Deputy Director of Industries. 
4. For one reason or another, the recommendation of the 
DPC was neither accepted nor rejected. Consequently, four of 
F 
the seven persons recommended for promotion, including 
Bindeshwari Das, filed a writ petition in the Patna High Court 
being C.W.J.C.
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