2025:JHHC:34612 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No.6380 of 2025 ----- Dildar Singh, son of late Mohan Singh, resident of Flat No. 2/1, B Block, Green Park, LIG Flat, Anil Sur Path Uliyan, PO and PS Kadma, Jamshedpur, District East Singhbhum … Petitioner(s). Versus 1.The State of Jharkhand 2.The Principal Secretary, Department of Transport, Govt. of Jharkhand, Project Building, PO and PS Dhurwa, District Ranchi 3.The Principal Secretary, Department of Finance, Govt. of Jharkhand, Project Building, PO and PS Dhurwa, District Ranchi 4.The Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Govt. of Jharkhand, Project Building, PO and PS Dhurwa, District Ranchi 5.Joint Transport Commissioner, Department of Transport, office at F.F. Building, PO and PS Dhurwa, District Ranchi 6.The Deputy Commissioner, East Singhbhum at Jamshedpur, PO and PS Bistupur, Town Jamshedpur, District East Singhbhum 7.The Sub Divisional Officer, Dhalbhum, PO and PS Dhalbhum, Town Jamshedpur, District East Singhbhum 8.The State of Bihar 9.The Principal Secretary, Department of Transport, Govt. of Bihar, Patna, PO and PS Patna, District Patna 10.The Accountant General (A&E), Jharkhand, Office at Doranda, PO and PS Doranda, District Ranchi … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Binod Kumar, Advocate For State of Jharkhand : Mr. Aditya Raman, Advocate For State of Bihar : Mr. Diwakar Upadhyay, Advocate For Accountant General: Ms. Oishi Das, Advocate …...... 02 /19.11.2025: Heard the parties. 2. The petitioner has prayed for the following reliefs: i. for direction upon the respondent concerned to exempt the petitioner from the departmental Hindi examination and revise his pay fixation in accordance with the service rules and previous orders (Transport Dept. Memo No. 1201 dated 07.09.2024.) 2025:JHHC:34612 2 ii. to direct the respondents to grant to the petitioner ACP/MACP benefits, including any consequential increments, promotions, and arrears, for the service rendered from the date of his appointment on 01.07.1981 under the Bihar State Road Transport Corporation and subsequent absorption into the State of Jharkhand. iii. to direct the respondents to make payment of all consequential benefits, including arrears of salary, pension, gratuity, leave encashment, and other related entitlements, arising out of the notional reckoning of pre-absorption service. 3. From perusal of the relief no. 1 as prayed for by the petitioner, I am of the opinion that it is absolutely within the domain of the respondent-employer whether to exempt the petitioner from passing departmental Hindi Examination or not. Admittedly no decision has yet been taken by the respondents. 4. This Court exercising jurisdiction under Article 226 of the Constitution cannot directly exempt the petitioner from appearing in the examination as the said falls within the jurisdiction of the employer. 5. So far as ACP/MACP is concerned, it is consequent upon the first prayer and further the petitioner has to make out a case for the same and approach the employer which according to the petitioner has already approached. 6. Thus, I direct the petitioner to file a fresh representation before the respondent no. 2-the Principal Secretary, Department of Transport, Government of Jharkhand who will consider the fresh representation of the petitioner. 7. If the fresh representation is filed within four weeks from today along with all the documents, they should take a decision within 10 weeks from the date of receipt of the copy of the representation. If the petitioner’s claim needs to be placed before any Committee the same should also be done. 8. The respondents are expected to take decision within 8 weeks and inform the petitioner about the decision. If the decision is in favour of the petitioner the difference of pay-scale and arrears 2025:JHHC:34612 3 should also be paid to the petitioner. If the prayer of the petitioner is rejected, the reasoned order should be communicated to the petitioner. 9. This writ petition is disposed of. (ANANDA SEN, J.) 19.11.2025 Tanuj/CP-2