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2025 DAILYLAW 19590 (JHR)

SHASHI BHUSHAN PRASAD v. THE STATE OF JHARKHAND THRO ITS SECREARY DIRECTORATE OF AGRICULTURE, DEPARTMENT OF AGRICULTURE

WPC/3732/2025 · 2025-07-30

Deepak Roshan

body2025

Judgment text

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2025:JHHC:21136 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3732 of 2025 --------- Shashi Bhushan Prasad, aged about 75 years, son of late Yadunandan Prasad, resident of House No.32, Ward No. 26, Near Adarsh Colony Pul, Rampur, Engineer’s Colony, Khapdodih, Deoghar, P.O. Malhara, P.S. Rikhiya, District-Deoghar, Jharkhand. ....Petitioner Versus 1. The State of Jharkhand through its Secretary Directorate of Agriculture, Department of Agriculture, Animal Husbandry and Cooperative, Government of Jharkhand, Krisi Bhawan, Kanke, P.O.+P.S. Kanke, District-Ranchi. 2. Director (Soil Conservation), Jharkhand, Ranchi, P.O.+P.S. Kanke, District-Ranchi, Jharkhand. 3. District Soil Conservation Officer, Simdega, P.O. + P.S. Simdega, District-Simdega, Jharkhand. ....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Birendra Kumar, Adv. For the Resp.-State : Ms. Deepika Jajowar, A.C. to S.C.-VI --------- 2/Dated: 30.07.2025 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: a. This Hon'ble Court may be pleased to direct the concerned respondents, especially respondent no.2 to immediately and forthwith dispose of several of representations of the petitioner dated 11-02-2017, 17-11- 2017 and 13-10-2022, wherein he has raised his grievances that though he has completed his 36 years of services, and stood retired on 31-01-2010, as Clerk, from the office of District Soil Conservator Officer, Simdega and though he has been availing the benefits of 1st ACP and 2nd ACP and pension, yet the respondents authorities is not considering his case for grant of ACP, and this non consideration and non-grant of MACP to the petitioner, inspite of the fact that he has completed 36 years of his services renders him to lead a life of financial crunch, involving violation of Articles 14 and 16 of the Constitution of India; b. This Hon'ble Court may be pleased to direct the concerned respondents to pay the petitioner arrears of 2025:JHHC:21136 2 salary as well as arrears of pension, consequent upon grant of the benefits of MACP; c. This Hon'ble Court may be pleased to hold and declare that it is an admitted fact that the petitioner has competed 36 years of his services, and as stood retired as Clerk from the office of District Soil Conservator Officer, Simdega on 31-01-2010, and therefore, he is entitled for grant of MACP also and there is no legal impediment to do so in his case as he has also passed all the departmental examination and has never been subjected to any departmental proceeding, throughout his service, whatsoever; d. And pass such other Order/(S) as Your Lordships may deem fit and proper. 3. Learned counsel for the petitioner submits that though the petitioner is fully entitled for the prayer made in the instant writ application; however, in spite of repeated representations, the grievance of the petitioner has not been redressed. 4. Learned counsel for the respondents fairly submits that since no counter affidavit has been filed; as such the petitioner may be directed to approach the respondent no.2 to look into the matter and pass an appropriate order. 5. Having regard to the aforesaid submissions, without going into the merits of the case, the instant writ application is hereby disposed of, by directing the Respondent No.2 to treat this writ application as representation and take a decision with regard to the grievance of the Petitioner and pass a reasoned order. The entire exercise shall be completed within a period of 2025:JHHC:21136 3 12 weeks from the date of receipt of a copy of this order. The petitioner shall serve the copy of this writ application along with this order to the Respondent No.2 for early disposal of his grievance. 6. With the aforesaid observations and directions, the instant writ application stands disposed of. (Deepak Roshan, J.) Amardeep/-