IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6166 of 2022 ----- Lalita Lakra, W/o Amar Tirky, R/o South Office Para, Oraon Kocha, Parastoli P.O.- Hinoo & P.S.- Doranda, District- Ranchi (Jharkhand) ------ Petitioner(s) Versus 1.The State of Jharkhand, through the Secretary, Department of Commercial Taxeshaving its office at- Project Bhawan, P.O. & P.S.- Dhurwa, District- Ranchi 2.The Commissioner, Department of Commercial Taxes, having its office at- Utpad Bhawan, P.O. & P.S. Kanke, District- Ranchi 2.The Joint Commissioner Commercial Taxes (Administration), Special Circle, Ranchi Division, Ranchi, P.O.- GPO & P.S. Kotwali, District- Ranchi, Jharkhand ------ Respondent(s) …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Prem Pujari Roy, Advocate For the State : Mr. Ashok Kumar Yadav, Sr. S.C.-I …...... 05 / 02.01.2025: In this writ petition, petitioner has prayed for mandamus upon the respondent-State to immediately confirm the service of the petitioner and consequently to make payment of 1st, 2nd and 3rd ACP/ MACP benefits especially taking into consideration that the petitioner has continuously served for more than 34 years without being promoted ever for a single occasion. 2. The admitted fact of this case is that the petitioner was appointed as a clerk in the department of Commercial Taxes and was posted in Ranchi Circle under the then State of Bihar. After bifurcation of the State of Bihar, the service of the petitioner was taken over by the State of Jharkhand. The petitioner has worked as a clerk and superannuated on 31.05.2014. It is also an admitted fact that she is getting her pensionary benefit, but neither any promotion was given to the petitioner during her entire tenure of service nor she was granted the benefit of ACP/MACP. Claiming the said benefits, she had approach this Court. 3. It is the case of the petitioner that as her service was not confirmed by the Department, thus she has not been granted the benefit of ACP/MACP though, she has rendered continuous service for 34 years in the Department before her superannuation. 4. The counter affidavit has been filed by the State and the defence has been taken by the respondents that the service of the petitioner has not yet been confirmed and without confirmation of service, the petitioner is not entitled for ACP/MACP benefit. It has been submitted that there was no sanctioned post, when petitioner was appointed. The fact that the petitioner had worked of 34 years and had superannuated from the department and that she is receiving the pensionary benefits, has not been denied by the State. Her appointment is also not denied. 5. The aforesaid admitted facts of the case reflects the highest degree of exploitation by the State. After taking service from a clerk for 39 years and after her superannuation, the State’s plea that the service of this petitioner cannot be confirmed, is atrocious. This attitude is unbecoming of a model employer, which is unexpected from the State. Once when the employee has worked for 34 years and has superannuated and is receiving pension, the respondents cannot take a plea that her service cannot be confirmed, nor can deprive her of the benefits of ACP/MACP. The stand taken by the State Officials is deprecated. 6. Thus, a mandamus is issued to the State of Jharkhand and the Chief Secretary, Government of Jharkhand is directed to take appropriate step to immediately confirm the service of the petitioner and grant her the benefit of ACP/MACP and revise the pension accordingly. The entire process should be completed within a period of eight weeks from the date of receipt a copy of this order. 7. Accordingly, the writ petition stands allowed. (ANANDA SEN, J.) R.S.