IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S) No. 6174 of 2022 ----- Heeramani Toppo, aged about 61 years, w/o late James Daniel Toppo, R/o Nayatoli Hulhundu, PO Hulhundu & PS Kharisidaag Dist. Ranchi ….. …. Petitioner(s) Vrs. 1. State of Jharkhand, through the Secretary, Department of Commercial Taxes having its office at Project Bhawan, PO & PS Dhurwa, Dist. Ranchi 2. Commissioner, Department of Commercial Taxes, having its office at Uptad Bhawan, PO & PS Kanke Dist. Ranchi 3. Joint Commissioner Commercial Taxes (Administration) Urban Circle, Jamshedpur Division, Jamshedpur, PO & PS Jamshedpur Dist. East Singhbhum, Jharkhand 4. Deputy Commissioner, Commercial Taxes Urban Circle, Jamshedpur Division, Jamshedpur PO & PS Jamshedpur, Dist. East Singhbhum, Jharkhand …. …. Respondent(s) ------ CORAM :SRI ANANDA SEN, J. ------ For the Petitioner(s):- Mr. Prem Pujari Roy, Advocate For the State : AC to SC-III 4/07.01.2025: In this writ petition, petitioner has prayed for mandamus upon the respondent-State to immediately confirm the service of the petitioner’s husband and consequently to make payment of 1st, 2nd and 3rd ACP/ MACP benefits especially taking into consideration that the petitioner’s husband has continuously served for more than 32 years without being promoted ever for a single occasion. 2. The admitted fact of this case is that the petitioner’s husband was appointed as a clerk in the department of Commercial Taxes and was posted in Jamshedpur under the then State of Bihar. After bifurcation of the State of Bihar, the service of the petitioner’s husband was taken over by the State of Jharkhand. The petitioner’s husband has worked as a clerk and died in harness on 26.9.2012. It is also an admitted fact that she is getting her pensionary benefit, but neither any promotion was given to the petitioner’s husband during his entire tenure of service nor he was granted the benefit of ACP/MACP. Claiming the said benefits, the petitioner had approached this Court. -1- 3. It is the case of the petitioner that as service of the petitioner’s husband was not confirmed by the Department, thus he has not been granted the benefit of ACP/MACP though, he has rendered continuous service for 32 years in the Department before his death. 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’s husband has not yet been confirmed and without confirmation of service, the petitioner’s husband is not entitled for ACP/MACP benefit. It has been submitted that there was no sanctioned post, when petitioner’s husband was appointed. The fact that the petitioner’s husband had worked of 32 years and died in harness 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 32 years and after his death, the State’s plea that the service of the husband of the 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 32 years and has superannuated and is receiving pension, the respondents cannot take a plea that his service cannot be confirmed, nor can deprive his 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’s husband and grant the petitioner, 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.) Anjali/- -2-