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2025 DAILYLAW 32543 (JHR)

BINDESHWAR PRASAD SINGH v. THE STATE OF JHARKHAND THROUGH THE COMMISSIONER CUM SECRETARY FINANCE DEPARTMENT

WPC/7003/2025 · 2025-12-04

Sri Ananda Sen

Public Interest Litigationbody2025

Judgment text

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2025:JHHC:36304 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No.7003 of 2025 ----- Bindeshwar Prasad Singh, son of late Rameshwar Prasad Singh, resident of Kailash Puri, Ward No. 11 (Old), New Ward No. 45, Dumra Nagar Nigam, At PO and PS Dumra, District Sitamarhi, Bihar … Petitioner(s). Versus 1.The State of Jharkhand through the Commissioner cum Secretary, Finance Department, Govt. of Jharkhand, Project Building, PO and PS Dhurwa, District Ranchi, Jharkhand 2.The Joint Commissioner, Accounts Administration-cum- Director, Provident Fund Directorate, Jharkhand, Project Building, PO and PS Dhurwa, District Ranchi, Jharkhand 3.The District Provident Fund Officer, West Singhbhum, Chaibasa, PO and PS Chaibasa, District West Singbhum, Jharkhand 4.The District Treasury Officer, West Singhbhum, Chaibasa, PO and PS Chaibasa, District West Singhbhum, Jharkhand 5.The Accountant General, State of Jharkhand, PO and PS Doranda, District Ranchi … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Sanjay Kr. Singh, Advocate Mr. Kapil Ansul, Advocate For the State : Mr. Ravi Prakash Mishra, AC to AAG-II For Accountant General: Mrs. Richa Sanchita, Advocate …...... 02 /04.12.2025: Heard the parties. 2. The petitioner in this writ petition prays for grant of ACP and MACP. His prayer is as follows: (A) For issuance of an appropriate writ in the nature of mandamus commanding upon the respondents to give him the monetary benefit of 1st and 2nd Time Bond Promotion for which he became entitled on 16/02/1983 and 16/02/1993 respectively after completion of 10 years of and 20 years of service and thereafter ACP benefits for which he is entitled to and the Respondents further be directed to give MACP benefit after the completion of 30 years of regular service to the petitioner for which he is entitled with due interest. (B) To fix/revise his pay scale after 1st and 2nd Time Bond Promotion, ACP and MACP and to pay all arrears with interest without further any delay. (C) To pay entire retirement benefits such as Pension, Gratuity, 2025:JHHC:36304 2 Leave Encashment and other benefits with interest for which the petitioner is entitled to. 3. It is his case that he has superannuated from the office of District Provident Fund Officer, Chaibasa, West Singhbhum as a Clerk. It is his grievance that he has not been paid the benefit of time bound promotion or ACP or MACP. It is admitted that the petitioner superannuated on 31.01.2015. Whether the petitioner is entitled to get the benefit as claimed by him needs to be first decided by the respondent. 4. Thus, I remit back the matter to the District Provident Fund Officer, Chaibasa who will decide the claim of the petitioner including his entitlement. If it is found that the petitioner is entitled for the benefit which he is claiming the same should be extended along with the consequential benefits. If the claim of the petitioner is rejected reasons thereof should be communicated to the petitioner. 5. Petitioner should file representation along with all the documents which he is relying upon within four weeks from today. Respondents will take a decision within 12 weeks and will ensure the consequential benefit be paid if the petitioner is entitled to, within the aforesaid period. 6. This writ petition is disposed of. (ANANDA SEN, J.) 04.12.2025 Tanuj/CP-2 Uploaded on 06.12.2025