2025:JHHC:29405 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (S). No. 5329 of 2016 ------- Baidya Nath Pathak, son of late Bindeshwar Pathak, resident of village+ PO and PS Bheja, District Madhubani at present resident of Ranga More, P.O. + P.S. Mohanpur, District Deoghar. ……….. Petitioner Versus 1. Jharkhand Bijli Vitran Nigam Limited through the Managing Director, Jharkhand Bijli Vitarn Nigam Ltd., Engineering Building, HEC, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi. 2. The Deputy General Manager (Fin. & Accounts), Jharkhand Bijli Vitarn Nigam Ltd., Engineering Building, HEC, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi. 3. The General Manager-cum-Chief Engineer, Dumka Area, Jharkhand Bijli Vitarn Nigam Ltd., P.O.+P.S. and District Dumka. 4. The Superintending Engineer, Electricity Supply Circle, Jharkhand Bijli Vitarn Nigam Ltd., Deoghar, P.O. + P.S. and District Deoghar. ……….. Respondents ---- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner : Mr. Arvind Kr. Choudhary, Advocate For the Respondents : Mr. Om Prakash Tiwari, Sr.P.C. Mr. Varun Prabhakar, Advocate ---- 08/ 22.09.2025 The instant writ application has been preferred by the petitioner with the following prayers: (i) For direction upon the respondents to grant the benefits of M.A.C.P. to the petitioner from the due date and accordingly pay the arrear of salary, pension, leave encashment, gratuity and other retiral dues in the revised M.A.C.P. scale. (ii) For direction upon the respondents to pay the with hold gratuity amount i.e. Rs. 64,397/- which has already been sanction by letter no. 1837/13454 dated 4.4.2013 but the payment of the same has been kept abeyance further direction to pay the gratuity of Rs. 13,332/- sanctioned by letter no. 811 dated 8.9.2014. (iii) For direction upon the respondent authorities to pay the statutory interest upon the general provident fund amount till the date of payment as per the G.P.F. Rules although the G.P.F amount was sanctioned by letter no. 2039 dated 31.10.2012 but the interest was calculated till May 2012 and the actual payment was made in December 2012. (iv) For direction upon the respondent authorities to revise the pension gratuity, leave encashment, commutation of pension amount and other admitted retiral dues in the revised salary of Rs. 27,640/- fixed by the respondent authorities from 1.7.2011 and accordingly pay the arrear of the aforesaid amount to the petitioner 2025:JHHC:29405 2 (v) For direction upon the respondent authorities to grant one increment from 29.3.2007 i.e. the date from which the petitioner was given promotion to the post of Accountant from Account Assistant as per the standing order of the respondent authorities bearing meno no. 203 dated 19.7.1986. (vi) For direction upon the respondents to commute the pension in the revised pension scale which the petitioner is legally entitled and pay the same along with statutory as well as penal interest the entire amounts which the petitioner is legally entitled in the facts and circumstances of the present case. 2. A counter-affidavit has been filed in this case on 08.09.2025 indicating therein that final upgradation and other monetary benefits have been extended to the petitioner. For brevity paras-11 and 20 of the said affidavit is extracted herein below: 11) That as stated above the Board's Resolution No. 2492, Memo no.2493 dated 12.05.2010 stipulated that under MACP scheme the employees of Jharkhand State Electricity Board will be given three financial upgradations in their entire service period after completing 10, 20, and 30 years of service respectively, which will be calculated from the direct recruitment grade. The Petitioner has been given following financial upgradation: - Sl. No. Financial Upgradation Pay Scale Effective date Office Order and date 1. Selection Grade Rs.725-18-905- 20-1005-22- 1115 (Rs.1400- 45-1850-50- 2450) (5th PRC Rs.4410-135- 5625-150- 8175/-) (6th PRC Rs.5200- 20200, GP Rs.3300/-) 08.06.1987 Order No. 208, dated 25.05.1988 2. Super Selection Grade Rs.1500-50- 2000-55-2660/- (5th PRC Rs.4720-150- 6070-165- 9040/-) (6th PRC Rs.9300- 34800/- GP Rs.4200) 11.06.1992 Order No. 593 dated 30.09.1992) 3. Promoted to the post of Accounts Assistant Rs.570-18-714- 20-854-23- 1015/- (4th PRC Rs.1500-50- 2000-55-2550/-) (5th PRC Rs.4720-150- 6070-165- 9040/-) (6th PRC Rs.9300- 23.03.1981 O.O. No. 6148 dated 27.12.1999 2025:JHHC:29405 3 34800, GP Rs.4200) 4. First time bound Rs.1650-55- 2200-60-3040/- (5th PRC Rs.5020-165- 6505-180- 9745/-) (6th PRC Rs.9300- 34800, GP Rs.4300/-) 23.03.1991 O.O. No. 463, dt. 30.08.2003 5. Second time bound Rs.5530-180- 6970-225- 11020 (6th PRC Rs.9300-34800, GP Rs.4450/-) 23.09.1999 O.O. No. 463, dt. 30.09.2003 6. Promoted to the post of Accountant Rs.5020-165- 6505-180- 9745/- (6th PRC Rs.9300-34800, GP Rs.4300/-) 29.03.2007 O.O. No. 500, dt. 29.03.2007 That it is clear with the above table that the petitioner has been given more than three financial upgradations. Hence, the Petitioner is not entitled for more financial upgradation under MACP scheme. 20) That with regard to para 6 of the writ petition it is humbly stated and submitted that after the direction of Hon'ble Court in W.P.(S) No.7262/2012, the petitioner has been paid following retiral dues: - a) Pension- Rs 13,660/- per month w.e.f. 01.06.2012 b) Gratuity- Rs 6,66,058/- Cheque No. 063442, dt.22.06.2013 c) GPF- Rs 3,90,391/- Cheque No.064080, dt. 12.12.2012 d) Leave Encashment- Rs 3,52,686/- Cheque No. 021168, dt. 31.07.2012 e) GSS Rs 1,07,035/- Cheque No. 021115, dt. 31.06.2012 f) Commutation of Pension- Rs 5,12,124/- Cheque No.063567, dt. 22.11.2013 g) Pension Arrear from 01.06.2012 to 31.03.2013-Rs 2,32,799/- Cheque No. 063409, dt 03.05.2013 h) Revised Gratuity- Rs 13,332/- Cheque No. 064186, dt. 23.06.2015. 3. Having regard to the aforesaid specific averments, the instant writ application stands disposed of with the liberty to the petitioner that if at all there is any grievance remains, he may approach the concerned respondents for redressal of the same. (Deepak Roshan, J.) 22nd September, 2025 Kunal