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2025 DAILYLAW 10313 (JHR)

YOGENDRA PRASAD SINGH v. WATER RESOURCES DEPARTMENT

WPC/5889/2014 · 2025-04-25

Deepak Roshan

body2025

Judgment text

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2025:JHHC:12500 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5889 of 2014 Yogendra Prasad Singh, Son of Late Ramdeo Prasad Singh, Resident of Krishna Market, Dumri, Phusro More, P.O.: Jamtara, P.S.: Dumri, District: Giridih. ... … Petitioner(s) Versus 1. The State of Jharkhand 2. The Chief Secretary, Govt. of Jharkhand, Ranchi, At: Project Building, Dhurwa, P.O. & P.S.: Dhurwa, District: Ranchi. 3. The Principal Secretary, Department of Water Resources, Nepal House, P.O. & P.S.: Doranda, District: Ranchi. 4. The Chief Engineer, Minor Irrigation Department, Nepal House, P.O. & P.S. Doranda, District: Ranchi. 5. The Executive Engineer, Konar Nahar Pramandal, P.O. & P.S.: Dumri, District: Giridih. … … Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Vikash Kumar, Advocate For the Respondent(s) : Mr. Ranjan Kumar, AC to Sr. SC-I -------- Order No.14 /Dated: 25th April 2025 The instant writ application has been preferred by the petitioner for the following reliefs: “a.) To give the Assured Career Progression and M.A.C.P. b.) To give the arrears of salary to the petitioner as the new ACP and MACP and fix the salary as per the pay revision and new pay band fixation. c.) Further prays for the G.P.F. which has not been paid to the petitioner after retirement. d.) Further prays to give the Jivan Nirvah Bhatta (Allowance) for the period 15.10.1987 to 02.02.1988 and the absentee payment which is due for the period 3.6.2010 to 3.11.2010 to the petitioner. e.) Any other benefit(s) for which the petitioner has accrued before retirement and after retirement, for which he is entitled to. And/Or Pass such other writ/writs, order/orders, direction/directions, as Your Lordships may deem fit & proper in the facts & circumstances of this case.” 2. A counter affidavit dated 19.09.2016 has been filed by respondent no.3 wherein at paragraph no.11, it has been specifically stated that if any amount would be found to be payable to the petitioner, the same shall be 2025:JHHC:12500 2 paid to the petitioner on approval of the competent authority. In paragraph no.12, it has also been stated that the answering respondent had sent a letter to the under Secreaty, Water Resources Department, Government of Bihar, Patna for absentee/non-payment report for the period from 03.06.2010 to 28.07.2010 and a proposal for regularization of waiting for posting has also been sent to the said Department for the period from 29.07.2010 to 02.11.2010 vide letter dated 07.09.2016 by the Executive Engineer Mechanical Division, Banaso. Further in paragraph no.16, more or less the same averments have been made with regard to ACP/MACP. 3. In view of the aforesaid averments made in the counter affidavit filed by the respondent no.3, the instant writ application is hereby disposed of by directing the respondent no.3 to take a decision with regard to payment as claimed by the petitioner in the instant writ application; if not taken till date, and pay the admissible amount to the petitioner, if not paid. 4. Since it is an old case accordingly, decision by the competent authority must be taken within a period of 10 weeks from the date of receipt of copy of this order and the admissible amount shall be paid to the petitioner within a further period of 4 weeks. 5. The writ application stands disposed of. (Deepak Roshan, J.) Amit