Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:10077 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No.1445 of 2025
----- Babita Devi, wife of late Kailash Choudhary, retired clerk, office of District Education Officer, Khunti, resident of Chuna Bhatha, Bhabhanagar, Road No. 3, Near Pond, Kokar, PO Kokar, PS Sadar, District Ranchi
… Petitioner(s).
Versus 1.The State of Jharkhand 2.The Principal Secretary, Department of School Education and Literacy, Govt. of Jharkhand, Project Bhawan, HEC, Dhurwa, Ranchi 3.The Director, Secondary Education, Department of School Education and Literacy, Govt. of Jharkhand, MDI Building, 3rd Floor, Dhurwa, Ranchi 4.The Regional Joint Director of Education, South Chhotanagpur Division, Kalibabu Street, Ranchi, PO GPO, PS Kotwali, Ranchi 5.The Regional Deputy Director of Education, Soth Chhotanagpur Division, Kalibabu Street, Ranchi 6.The District Education Officer, Khunti 7.The Accountant General (A&E), Jharkhand, Ranchi
… Respondents.
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Deepak Kumar Prasad, Advocate For the State
: Mr. Anuj Burman, AC to GA-IV For the Resp. No. 7 : Mrs. Richa Sanchita, Advocate
Ms. Suman Roy, Advocate
…......
02 /25.03.2025: In this writ petition, the petitioner has prayed for the following reliefs: (i) for direction upon the respondents to grant 3rd Modified Assured Career Progression (MACP) to petitioner in the light of Resolution No. 2981/F dated 01.09.2009 (Annexure-1) issued by Department of Planning cum Finance, Govt. of Jharkhand, the petitioner has retired after completing more than 32 years of regular satisfactory service, there is no departmental proceeding or criminal case is pending against her. (ii) for direction upon the respondents to pay all consequential benefits to petitioner after granting 3rd Modified Assured Career Progression (MACP) to petitioner with 10% interest thereupon i.e. arrears of salary due after granting of 3rd MACP and accordingly also revise the pensioner benefits of the petitioner, the petitioner was retired 30.06.2022.
2.
Learned counsel for the petitioner submits that as his representation is already pending before the respondents, suffice it would be if a direction is given to the respondent no. 4 to pass an
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appropriate order or refer the matter before the concerned Authority who can take decision in respect of the claim of the petitioner.
3.
Learned counsel appearing on behalf of the State submits that the petitioner should file a fresh representation which would be considered by the appropriate authority.
4. Considering the specific submission of the parties, I direct the petitioner to file a fresh representation before the respondent no. 4 who will consider the case of the petitioner. If it is necessary, claim of the petitioner must be placed before the Authority or the Committee concerned, who will take an appropriate decision.
5. The representation should be filed within four weeks and the decision should be taken within eight weeks thereafter.
6. If it is found that the petitioner is entitled for any monetary benefits the same should be extended to the petitioner. If the claim of the petitioner is rejected for any reasons whatsoever the reasons should be communicated to the petitioner within a period of four weeks thereafter.
7. This writ petition is disposed of.
(ANANDA SEN, J.) Tanuj/