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2025 DAILYLAW 26413 (JHR)

AJAY KUMAR v. THE STATE OF JHARKHAND

WPC/5178/2023 · 2025-06-16

Deepak Roshan

body2025

Judgment text

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2025:JHHC:15857 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5178 of 2023 AJAY KUMAR, son of late Ram Prakash Singh, aged about 64 years, Resident of MFA-33, Argora Housing Colony, Argora, P.O. & P.S. Argora, District Ranchi. ... … Petitioner(s) Versus 1. The State of Jharkhand. 2. The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Govt. of Jharkhand, Project Building, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi. 3. The Joint Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Govt. of Jharkhand, Project Building, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Deepak Kumar Prasad, Advocate For the Respondent(s) : Mr. Devesh Krishna, SC (Mines)-III Mr. Faisal Allam, AC to SC (Mines)-III -------- 05/Dated: 16th June 2025 The instant writ application has been preferred by the petitioner for the following reliefs: “i)For direction upon the respondents to grant 1st ACP to petitioner as per Finance Department Resolution No.5207/F dated 14.08.2002 [Annexure-1] after completion of 10 years of regular service of regular satisfactory service, the date on which the entitlement of 1st ACP occurred, there is no criminal case or no departmental proceeding pending against the petitioner in view of Union of India Vrs. K.V. Jankiraman reported in (1991) 4 SCC 109. ii) For direction upon the respondents to revise the pension of the petitioner after granting 1st ACP to the petitioner w.e.f. 09.08.1999. AND/OR Pass such other Order or Orders as Your Lordships may deem fit and proper for doing conscionable justice to the petitioner.” 2. Learned counsel for the petitioner submits that initially four criminal cases were pending against this petitioner and out of which, he has been acquitted in two cases and in other two cases charge-sheet was submitted in the year 2006 as such the petitioner is very much entitled as per “Union of India v. K.V. Jankiraman”1 for the 1st ACP and since the petitioner was 1 (1991) 4 SCC 109 2025:JHHC:15857 2 acquitted in the criminal case, he filed representation before the concerned respondent but still no decision has been taken. 3. Learned counsel for the respondents submits that though counter affidavit has been filed but it is not clear as to whether the representation of the petitioner has been rejected dealing his contention or not. 4. Having regard to the aforesaid submissions, the instant writ application is hereby deposed of by directing the concerned respondents to treat this writ application as representation and take a decision in the matter with regard to the claim raised in the writ application in accordance with law and applicable rules and regulations by passing a reasoned and speaking order. The entire exercise shall be completed within a period of 12 weeks from the date of receipt/production of copy of this order. It is made clear that if the petitioner is found entitled to his claim raised in this writ application, necessary order shall be passed by the concerned respondent within a further period of eight weeks. The petitioner is also directed to serve the copy of this writ application to the concerned respondent at the earliest so that his grievance can be redressed. (Deepak Roshan, J.) Amit