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2025 DAILYLAW 15517 (JHR)

Basant Kumar Verma v. The State Of Jharkhand And Ors

WPC/6342/2016 · 2025-09-17

Rongon Mukhopadhyay

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Judgment text

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Neutral Citation 2025:JHHC:29201 W.P.(S). NO. 6342 OF 2016 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 6342 of 2016 Basant Kumar Verma, S/o Late Bansidhar Verma, R/o Noora Mandal Road, P.O. & P.S.- Sadar, Dist.- Hazaribag. ... Petitioner Versus 1. The State of Jharkhand. 2. The Principal Secretary, Registration Department, P.O.- Jagarnathpur, Dist. Ranchi. 3. The Accountant General, Government of Jharkhand, P.O. & P.S.- Doranda, Dist.- Ranchi. 4. The Deputy Commissioner-cum- District Registrar, P.O. & P.S.- Koderma, Dist.- Koderma. 5. The District Sub Registrar, P.O. & P.S.- Koderma, Dist.- Koderma. 6. The Treasury Officer, Hazaribagh, P.O. & P.S.- Sadar, Dist.- Hazaribagh. … Opposite Parties ---- PRESENT HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY ---- For the Petitioner : Mr. H.K. Shikarwar, Adv. For the O.P.s : G.A.-V. ---- Dated : 17/09/2025 1. Heard Mr. H.K. Shikarwar, learned counsel for the petitioner and learned G.A.-V. 2. In this writ application, the petitioner has prayed for quashing of Letter No. 592 dated 30-07-2016 issued from the office of respondent no. 4, whereby and whereunder, the pension amount of the petitioner has been reduced from Rs. 8,235/- to Rs. 7,605/. The petitioner has further prayed for the benefits accruing to him on account of First Assured Neutral Citation 2025:JHHC:29201 W.P.(S). NO. 6342 OF 2016 2 Career Progression Scheme from 23-05-1991 and the benefits under the Second Assured Career Progression Scheme from 23-05-2005, salary and other benefits as prescribed for the post of Head Clerk with effect from 01-02-2003 to 28-02-2010 along with interest on payment of the arrears. 3. The facts in brief are that the petitioner had joined his services on 23-05-1981 as Temporary Clerk in the District Registration Office, Hazaribagh and has put in more than 25 years of service. The petitioner completed 12 years of service in the year 1993, but he was not given the first time- bound promotion. In the year 2005, the petitioner has completed 24 years of service, but he was not given the benefits of ACP as declared by the Government of Jharkhand vide circular dated 14-08-2002. It has been stated that the petitioner superannuated from service on 28-02-2010. The petitioner was constrained to approach this Court for redressal of his grievance with respect to non-grant of ACP/MACP in W.P.(S) No. 130 of 2010 which was disposed of vide order dated 09-10-2015 with a direction to the competent authority to consider the grievance of the petitioner after due scrutiny of the relevant records within a period of 12 weeks. Consequent to such direction, the matter was considered by the competent authority and Letter No. 493 and 494 dated 10-06-2016 were issued wherein, the claim of the petitioner for First ACP was allowed with effect from 09-08-1999 instead of from the year 1993. It has been stated that in terms of the order dated 23-06-2016 passed in Cont. (Civil) Case No. 185 of 2016, a Letter was issued by the authority concerned in Letter No. 3954 dated 04-07-2016 wherein, First ACP in the salary slab 1200-30-1800 from 23-05-1991 and Second ACP in the salary slab 4500-125- 7000 from 23-05-205 were allowed to the petitioner. Vide Neutral Citation 2025:JHHC:29201 W.P.(S). NO. 6342 OF 2016 3 Letter No. 592 dated 30-07-2016 issued by the respondent no. 4, the First and Second ACP were withdrawn and payment was made in the revised scale. In view of the said letter, the pension of the petitioner was reduced from Rs. 8,235/- per month to Rs. 7,605/- per month vide memo dated 11-09-2016. 4. It has been submitted by Mr. H. K. Shikharwar, learned counsel for the petitioner that the petitioner has been discharging his duty as a Head Clerk with effect from 01-02-2003 and deserves to be extended the financial benefits arising out of the same. He has referred to the case of one employee similarly situated to that of the petitioner, who has been given the benefits of First ACP with effect from 23-05-1993 and Second ACP with effect from 23-05-205. There has been total discrimination of the petitioner, vis-à-vis, other similarly situated persons. 5. Learned G.A.-V appearing on behalf of the State has submitted that on completion of 10 years of service, the petitioner as per the Government Resolution No. 10770 dated 30-12-1981 was granted his first time bound promotion and on completion of 24 years of service, was granted Second ACP with effect from 23-05-2005 in terms of the Government Resolution No. 5207 dated 14-08-2002. It has been submitted that the claim of the petitioner for grant of First ACP with effect from 23-05-1993 is not tenable since the petitioner had already got cadre promotion with effect from 29-04-1999. The claim with respect to the post of Head Clerk is concerned, the same has been refuted by the learned G.A.-V by submitting that no post of Head Clerk exists in the District Registration Office after the creation of the State of Jharkhand. 6. The grievance of the petitioner stems from the fact that he was not granted the First and Second ACP benefits on completion of 12 and 24 years of service. Discrimination has Neutral Citation 2025:JHHC:29201 W.P.(S). NO. 6342 OF 2016 4 also been sought to be highlighted by giving the instance of one Mosahab Ali, who was given the First ACP with effect from 23-05-1993 and Second ACP with effect from 23-05-2005. In the counter affidavit filed by the State, the discrimination which has been sought to be projected by the petitioner has been negated by relying on the Letter No. 947 dated 09-07-2014 wherein, Mosahab Ali had got the First ACP with effect from 09-08-1999 and not 23-05-1993. So far as the claim of the petitioner for First ACP is concerned, the same seems to be against the provision of the ACP Scheme. The petitioner was given cadre promotion with effect from 29-04-1999 and on completion of 10 years’ service, was granted the first time-bound promotion in terms of the Government Resolution No. 10770 dated 30-12-1981. The petitioner was granted the Second ACP with effect from 23-05-2005. The petitioner was wrongly given the First ACP as well as the consequent Second ACP being oblivious to the cadre promotion already granted to the petitioner and, therefore, the impugned Letter dated 30-07-2016 as contained in Memo No. 592 was issued rectifying the earlier mistake which led to reduction in the pension of the petitioner. There is no error in the impugned Letter No. 592 dated 30-07-2016 and consequently, this writ application is dismissed. 7. Pending I.A.s, if any, stands closed. (RONGON MUKHOPADHYAY, J.) Dated 17th September, 2025. Preet/-