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2025 DAILYLAW 27439 (JHR)

DINESH PRASAD GUPTA v. THE STATE OF JHARKHAND

WPC/32/2025 · 2025-01-21

Sri Ananda Sen

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S) No. 32 of 2025 ----- Dinesh Prasad Gupta, S/o late Bishwanath Prasad Gupta, R/o Jamshedpur, PO and PS Jamshddpur, District East Singhbhum (retired Agriculture Inspector, SAO Office, Jamshedpur, PO and PS Jamshedpur, District East Singhbhum, Jharkhand. … Petitioner(s). Versus 1.The State of Jharkhand. 2.The Secretary, Agriculture, Sugarcane and Animal Husbandry Department, Nepal House, PO and PS: Doranda, District Ranchi 3. The Director Agriculture, Govt. of Jharkhand , Nepal House, PO and PS Doranda, District-Ranchi, Jharkhand 4. The District Agriculture Officer, East Singhbhm, PO and PS Jamshedpur, District East Singhbum. 5. The District Treasury Officer, Jamshedpur, PO and PS Jamshedpur, District East Singhbhum, Jharkhand. 6. The Accountant General (A& E), Jharkhand, PO and PS Doranda, District Ranchi … Respondent(s). CORAM :SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Krishna Murari, Advocate; Mr. Ritesh Kumar Pathak, Advocate Mr. Raj Vardhan, Advocate For the Respondents : Mrs. Richa Sanchita, Advocate; ...... 03 /21.01.2025: 1. In this case the petitioner has prayed for following relief(s): “(a) For direction upon the respondents to grant benefit of First ACP with effect from 17.3.2000 in the pay scale of Rs. 8000- 13,500/- (which is the revised scale of Rs. 6500-10,500/-) with grade pay of R s. 5400 in terms of judgment of this Hon’ble Court rendered vide judgment dated 08.08.2024 passed in WPS No. 5362 of 2019 to be r/w judgment dt. 18.12.2017 passed in WPS No. 889 of 14 holding therein that the officers of Jharkhand Subordinate Services are entitled for First ACP with the pay scale admissible for first ladder promotional post class II which is Jharkhand Agriculture Service (the present case); (b) For further direction to provide the benefits of 2nd MACP with effect from 1.9.2008 on completion of 20 years of service in the pay band of Rs. 9300-34,800/- with grade pay of Rs. 6600/- in conformity with the second ladder promotional post of Assistant Director, Agriculture and to also grant benefit of 3rd MACP with effect from 17.3.18 on completion of thirty years of service in pay band of Rs. 9300-34,800/- with grade pay of Rs. 7600/- in conformity with 3rd ladder post of Deputy Director (Agriculture) in obedience to the aforesaid judgment (supra); (c) Consequently for direction to revise all pensionary benefits including the corresponding fixation of pension in admissible revised pay band as on date of retirement with effect from 30.6.23 i.e. in pay band of Rs. 9300-34,800/- to the grade pay of Rs. 7600/- and also pay the difference of arrears as well as current pension besides arrears of gratuity, earned leave, GPF, GIC etc. as per revised pay band as stated above; -2- (d) To direct the respondents to suitably modify and/or to quash the office order No.98, dated 10.11.2020 (Anr.-4) issued under the signature of Director (Agriculture) so far relates to grant of first ACP benefit with effect from 15.6.17 instead with effect from 17.3.2000 in as much as in Jharkhand no departmental examination was ever conducted for the employees of Jharkhand Agriculture Subordinate Services and therefore they have been granted exemption including to that of the petitioner from clearing the same. ( e) For an award of suitable cost and compensation by way of penal interest of 18% over and above the entire arrears of payment, which may fall payable after due determination/revision pursuant to grant of aforesaid prayers in terms of judgment of Hon’ble Court as referred above.” 2. The learned counsel for the respondents submits that if the petitioner files a representation before the respondent no.3, the Director Agriculture, Govt. of Jharkhand, Nepal House making his claim, the same will be considered and appropriate order will be passed, if it is found that the petitioner is entitled for any relief, the same shall be extended to the petitioner. 3. Considering the prayer of the petitioner and the learned counsel for the State, the petitioner is directed to file his representation along with copy of this order before the respondent no.3, the Director Agriculture, Govt. of Jharkhand, Nepal House within four weeks from today and if it is found that the petitioner is entitled to get any benefit, the same shall be extended to the petitioner within a period of twelve weeks from the date of filing of the representation. 4. It is made clear that if it is necessary to place the case of the petitioner before any Board or any other authority, the same shall be placed by the respondent no.3 within aforesaid period. 5. If it is held that the petitioner is not entitled for any relief, a reasoned order to that effect indicating the reason of such denial should be communicated to him within such period. 6. Accordingly, the present writ petition stands disposed of. (ANANDA SEN, J.) KNR/-