NAND KUMAR TIWARY AND ORS v. UNION OF INDIA AND ORS
WPC/7604/2012 · 2026-02-03
Deepak Roshan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11658 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11658 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:2823 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 7604 of 2012
--------- 1.(i) Bindeshwari Devi, W/o Late Nand Kumar Tiwary, R/o of Railway Traffic Colony, Near Railway Middle School, Tata Nagar, P.O. Golpahari, P.S. Bagbera, District-East Singhbhum.
2. Gopalji Singh S/o Late Bishwanath Singh, Resident of J.P. Road,Loha Singh Bagan, Harhar Ghuttu, P.O. & P.S. Bagbera, Town-Jamshedpur, District-East Singhbhum. 3(a) Saroj Ram (b) Santosh Kumar Ram (c) Manoj Kumar
All s/o Late Dev Raj Ram, Resident of village-Dakhinaho, P.O. Mathila, District-Buxer, State-Bihar.
4. Gyanti Singh, W/o Late Baleshwar Singh, Resident of Bagbera Colony, Road No.2, Qr. No.63/2/3, P.O. Tata Nagar, P.S. Bagbera, District-East Singhbhum.
5. Premchandra Singh S/o Late Chandra Madhav Singh, Resident of Village-Malpur, P.O. Jorpura, P.S. Jorpura, District- Samastipur, State-Bihar.
6. Anil Kumar Singh S/o late Gobardhan Singh, Resident of village-Tilaiya, P.O. Mushailo, P.S. Mohanpur, District-Gaya, State-Bihar.
7. Ram Surat Singh S/o Late Shiv Narayan Singh, Resident of village-Saratu, P.O. Rosera, District-Balia, State-Uttar Pradesh.
8. Madan Mohan Singh, S/o Late Chandradip Singh, Resident of C/o B.S. Prasad, Harharghuttu, P.S. Bagbera, P.O. Bagbera, Tata Nagar, District-East Singhbhum.
9. P. Venkat Ratnam, W/o-Late P. Krishna Rao, resident of Bagbera Railway Colony, Block No.538/1, P.S. Bagbera, District-East Singhbhum.
10. Dwarika Prasad S/o Late Parsadi Prasad, Resident of village- Sarjamji Nidhi Tata, P.O. & P.S. Sarjamda Nidhi Tola, District- East Singhbhum.
11. Lata Sikha Choubey, W/o Ram Nath Choubey, Resident of Mohalla-Lal Building, Garabasa, Near at Lalu Singh, Puwal Tal, P.O. Golpahari, P.S. Bagbera, Tata Nagar, District-East Singhbhum.
12. Devendra Prasad Mishra S/o Late Maheshwar Mishra, Resident of Village-Malpur, P.O. & P.S.-Jaipura, District-Samastipur, State-Bihar.
13. Radhe Shyam Pandey S/o Late Jagat Narayan Pandey, Resident of Railway Carriage Colony, Near at Kamala Hotil Football Maidan, P.O. Golpahari, P.S. Burmamines, District-East Singhbhum, State Jharkhand.
14. Jamuna Prasad Tiwary S/o Late Parmeshwar Din Tiwary, Resident of village-Kechuwar, P.O. Rokari, P.S. Rokari, District- Allahabad (U.P.)
....Petitioners
Versus
1. Union of India.
2. The Divisional Security Commissioner, Railway Protection Force, South Eastern Railway, Chakradharpur, P.O. & P.S.
2026:JHHC:2823 2 Chakradharpur, District-Chakradharpur.
3. The Inspector General-cum-Chief Security Commissioner, Railway Protection Force, South Eastern Railway, Garden Road, Kolkata-43.
....Respondents
---------
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------- For the Petitioner(s) : Mr. Ashutosh Mishra, Advocate (through V.C.) For the Respondent(s) : Mr. Ravi Prakash, C.G.C.
--------- 18/Dated:-03.02.2026
1.
Heard learned counsel for the parties.
2.
The instant writ application has been preferred by the petitioners praying therein for grant of 3rd Modified Assured Career Progression Scheme (MACP) on the basis of recommendation of the 6th Pay Commission which was implemented by the Central Government with effect from
01.01.2006.
3.
A counter affidavit has been filed in this case wherein it has been stated that in the instant writ petition there are 14 petitioners who have requested for grant of MACP scheme and out of which petitioners No. 1, 2 and 8 to 14 have already retired from service long before the inception of the subject MACP Scheme. Hence, it is obvious that they are not eligible to get such upgradation benefit under the scheme.
It is further stated that the benefit of MACP has been given to petitioner No.6 namely Anil Kumar Singh and the petitioner No. 3, 4, 5 and 7 have been declared Unfit by the Screening Committee.
4.
A detailed list has been annexed as Annexure-B to the counter affidavit indicating therein that out of all the petitioners, only petitioner No.6 was entitled for MACP and the petitioner Nos.
2026:JHHC:2823 3 3, 4, 5 and 7 have been declared unfit by Screening Committee and rest of the petitioners i.e., petitioner Nos. 1, 2 and 8 to 14 have already retired much prior to the implementation of MACP Scheme.
5.
Learned counsel for the petitioners in view of filing of the counter affidavit submits that the instant application may be
disposed of by giving liberty to petitioner Nos. 3, 4, 5 and 7 to raise their grievances as to the reasons why the Screening Committee has not found them fit because the same is not annexed with Annexure-B.
6.
Learned counsel for the respondents relies upon the counter affidavit and submits that after proper verification, they have already given benefit to petitioner No.6 and rest are not entitled, the details of which has been given in Annexure-B.
7.
Having regard to the aforesaid facts and circumstances of the case, the instant writ application is hereby disposed of by giving liberty to the petitioner Nos. 3, 4, 5 and 7 to raise their grievances before the appropriate authority.
8.
If any of the petitioners i.e., petitioner Nos. 3, 4, 5 and 7 raises any objection before the appropriate authority, the same shall be dealt with in accordance with law and applicable rules and regulations.
9.
Accordingly, the instant writ application stands
disposed of. Pending I.A., if any also stands closed.
(Deepak Roshan, J.) FEBRUARY 03, 2026 vikas/- uploaded 12.03.2026