Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 324 of 2024 Sheetal Kumar Kashi, age about 64 years, son of late Bodhnath Kashi, resident of Kumhar Toli, Ashram Road, PS-Sadar, PO+Dist-Hazaribag, Jharkhand
... … Petitioner(s)
Versus 1.The State of Jharkhand
2. Secretary, Food, Civil Supplies and Consumer Affairs Department, Government of Jharkhand, office at Project Building, PO+PS-Dhurwa, Dist.-Ranchi, Jharkhand
… … Respondent(s)
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Santosh Kumar Soni, Advocate For the Respondent-State : Mr. Shubham Gautam, AC to AAG-V
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Order No. 05 /Dated: 24th July 2025
I.A No. 3386 of 2024
This interlocutory application has been filed by the petitioner for amendment in the writ application.
2.
Learned counsel for the petitioner submits that the defect pointed out by the Registry is with regard to Annexure-4 which he would not be relying and he would be relying Memo No. 608 dated 05.05.2022 for the purpose of indicating the date of retirement of the petitioner. Accordingly, he prays that Annexure-4 to the main writ application may not be treated as part of this writ application and Annexure-4 to the instant interlocutory application be treated as Annexure-4 to the main writ application.
3.
Learned counsel for the respondents does not have any objection.
4. Looking to the averments made in this application, I.A No. 3386 of 2024 is allowed.
5. Annexure-4 to the I.A be treated as Annexure-4 to the main writ application henceforth.
6. This interlocutory application shall be treated as part of the main
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writ application.
W.P.(S) No. 324 of 2024
7. The instant writ application has been preferred by the petitioner praying for a direction upon the respondent-authorities to direct the respondents to release the benefit of 2nd MACP and 3rd MACP with statutory as well as penal interest as the petitioner has completed 30 years of service.
8.
Learned counsel for the petitioner submits that though the 2nd MACP has already been sanctioned long before but till date the payment has not been made to the petitioner. He further submits that since the petitioner has completed 30 years of service he is fully entitled for the claim as made in the instant writ application as such the respondents may be directed to look into the matter and pass an order with regard to payment of 2nd and 3rd MACP.
9.
Learned counsel for the respondents submits that from perusal of Annexure-3 to the writ application it appears that 2nd MACP has been sanctioned; as such it might have been paid also. However, since no counter affidavit has been filed, as such the petitioner may be directed to approach 2nd Respondent who will decide the issue and admitted dues shall be paid to petitioner.
10. Having regard to the aforesaid facts and circumstances of the case, the instant writ application is hereby disposed of by directing the 2nd Respondent to consider this writ application as representation and take a decision in the matter with regard to payment of 2nd and 3rd MACP in accordance with law and applicable rules and regulation and also in the light of Annexure-3 to the writ application which was issued way back on 09.02.2023 by passing a reasoned and speaking order. The entire exercise shall be completed within a period of 12 weeks from the date of receipt of copy/production of this order. The entire admitted dues for which the petitioner would be entitled shall be paid within a further period of four
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weeks.
11. The petitioner is also directed to serve a copy of the writ application to the concerned respondent for redressal of his grievance.
(Deepak Roshan, J.) Amit