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2025 DAILYLAW 8668 (JHR)

KUMAR KRISHNARJUN SARKAR v. THE STATE OF JHARKHAND

WPC/1710/2025 · 2025-04-15

Deepak Roshan

body2025

Judgment text

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2025:JHHC:11354 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1710 of 2025 --------- Kumar Krishnarjun Sarkar, aged about 59 years, Son of Kaleshwar Sahu, Resident of Tekanpur, P.O & P.S.-Dafarpur, Dist. Begusarai, Bihar. ....Petitioner Versus 1. The State of Jharkhand 2. The Principal Secretary, Finance, Govt. of Jharkhand, office at Project Bhawan, P.O.-Dhurwa, P.S. Jagarnathpur, Dist.- Ranchi, Jharkhand. 3. The Secretary, Agriculture Animal Husbandry and Co-operative Department, Govt. Jharkhand, office at Nepal House, P.O. & P.S.-Doranda, Dist. Ranchi, Jharkhand. 4. The Director of Agriculture, Govt. of Jharkhand, Office at Krishi Bhavan, Kanke Road, P.O. & P.S.-Kanke, Dist.-Ranchi, Jharkhand. 5. The Joint Director Plant Protection Govt. of Jharkhand, Office at Krishi Bhavan, Kanke Road, P.O. & P.S.-Kanke, Dist.-Ranchi, Jharkhand. 6. The Deputy Director Plant Protection Govt. of Jharkhand, Office at Krishi Bhawan Kanke Road, P.O. & P.S.-Kanke, Dist.- Ranchi, Jharkhand. 7. The Junior Plant Protection Officer Dumka, P.O & P.S Dumka, District Dumka. ....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Akhouri Sankalp, Advocate For the Resp.-State : Mr. Rahul Saboo, G.P.-II Mr. Kunal Chandra Suman, A.C. to G.P.-II --------- 02/Dated:-15.04.2025 1. Heard both sides. 2. The instant writ application has been preferred by the petitioner for the following reliefs: i) For direction to the respondents to provide the benefits of 1st and 2nd MACP as a scale of 5200–20200 Grade Pay – 2800 & 5200–20200 Grade Pay–4200/- respectively to the petitioner from the date of 12.01.2010 on which 1st MACP is due and from 12.01.2020 when 2nd MACP is due with entire arrear monetary benefits with interest, as he has been appointed in the service on 2025:JHHC:11354 2 12.01.2000 as a Supervisor in Plant Protection Center Saraiyahat Dumka. ii) For direction to the respondents to grant the benefits of the Promotion which Petitioner is entitled as the petitioner has completed the service period of 25 years with entire monetary benefits with interest. 3. Learned counsel for the Petitioner submits that he was directly appointed to the post of Supervisor in Plant Protection Center Saraiyahat, Dumka on 7th January, 2000 by the Director of Agriculture, Bihar, Patna on the recommendation of Bihar Public Service Commission and was working on the said post since 12.01.2000. He further submits that the Petitioner’s service is confirmed and his service records are free from any allegations or department inquiry and his character and conduct is also found good. He further submits that vide memo No.451 dated 22.12.2022, the 7th Respondent had also written a letter to the 5th Respondent to provide MACP benefits to the Petitioner, but till date no action has been taken by the 5th Respondent. Though the Petitioner had filed several representations before the competent authority for granting MACP, but the authorities are sitting tight over the matter. He reiterated that though he is entitled for 1st and 2nd MACP, but no decision has been taken till date. 4. Learned counsel for the respondents fairly submits that if the Petitioner will be entitled, then certainly he will get the benefit of 1st and 2nd MACP at the scale of 5200-20200-Grade Pay –2800 & 5200-20200-Grade Pay – 4200, respectively. 2025:JHHC:11354 3 5. Having regard to the fair submissions of learned counsels for the parties, the instant writ application is hereby disposed of by directing the 3rd Respondent to treat this writ application as representation and take a decision with regard to claim of the Petitioner with respect to benefit of 1st and 2nd MACP at the scale of 5200-20200 Grade Pay –2800 and 5200-20200 Grade Pay – 4200, respectively, from the date on which he is entitled by passing a reasoned and speaking order. It goes without saying that the concerned respondent shall take a decision in the matter as early as possible, but not beyond a period of 12 weeks from the date of receipt of copy of this order. Pursuant to the reasoned order, the Respondents shall pay the admitted dues to the Petitioner within a further period of six weeks. Learned counsel for the Petitioner is also directed to serve a copy of the writ petition to the concerned respondent. 6. With the aforesaid observation and direction, the instant writ application is disposed of. (Deepak Roshan, J.) vikas/-