2026:JHHC:12779 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 2844 of 2026 ---------- 1. Rabindra Kumar Khakha (Retd), aged about 64 years son of Late Somra Oraon, permanent resident of village Kandra Deepa Toli, P.O. Booty, P.S Senha, District Lohardaga Jharkhand, presently residing at village Kamre Upper Tola P.O. Kamre P.S. Ratu, District Ranchi, Jharkhand. 2. Santosh Kujur, aged about 63 years, son of late Charwa Kujur, permanent resident of village Turguru, P.Ο & P.S. Itki District Ranchi, Jharkhand -835301, presently residing at Argora Tongri Toli, P.O.& P.S Argora District Ranchi, Jharkhand -834002. ………. Petitioners Versus 1. The State of Jharkhand through the Secretary Department of Finance, Government of Jharkhand having its office at Project Bhawan Dhurwa, P.Ο. & P.S. Dhurwa District Ranchi, Jharkhand. PIN-834004. 2. The Under Secretary, Road Construction Department (R.C.D), Govt. of Jharkhand, having its office at Project Bhawan Dhurwa, P.O. & P.S. Dhurwa District Ranchi, Jharkhand. PIN- 834004. 3. The Superintending Engineer, Road Construction Department (R.C.D), Road Circle Ranchi, having its office at Line Tank Road Lakra Godam P.O.GPO P.S. Kotwali, District Ranchi Jharkhand -834001. 4. The Engineer, Executive, Road Construction Department (R.C.D.) Road Division Ranchi Morabadi Ground Near Circuit House, P.O. Ranchi University P.S Gonda Town, District Ranchi, Jharkhand-835308. 5. The Executive Road Engineer, Construction Department (R.C.D), Road Division, Khunti Dak Bunglow Road, Khunit, P.O. & P.S. Khunti, Dist. Khunti, Jharkhand-835210. ………. Respondents. ---------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioner : M/s. Manoj Kumar, Sahadeo Choudhary, Shikha Sonal Advocates For the State : Mr. Nawal Kishor Pandey, AC to SC(L&C)-I ---------- 02/ 28.04.2026 The instant application has been preferred by the petitioner for following reliefs: (i) For quashing and setting aside Office Order/Memo No.77 dated 14.11.2023 (Annexure-4) issued by Respondent No.2 by which pay scale with 1st ACP of Rs. 9300-34800 GP-4200 with effect from 25.08.2011 (vide memo no. 3390 (S) dated 25.08.2025 modified to 01.07.2012) level-6 and 2nd ACP of Rs.9300-34800/- GP 4600 level-7 with effect from 25.08.2019 (vide memo no. 3390 (S) dated 25.08.2025 modified to 2026:JHHC:12779 2 25.08.2020) to the petitioner no. 1 and pay scale with 1st ACP of Rs. 9300-34800 GP-4200 with effect from 25.08.2011 level -6 and 2nd ACP of Rs.9300-34800/- GP-4600 level-7 with effect from 25.08.2019 to the petitioner no. 2 has been sanctioned by illegal shifting of period of 07 years 11 months 10 days to petitioner no.1 and 08 years, 09 months 15 days to the petitioner no.2 pursuant to the Resolution No. 1779 dated 21.05.2014 which is illegal and not sustainable in the eyes of law in view of the Hon'ble Supreme Court Judgment dated 25.04.2023 in the case of Amresh Kumar Singh & Ors. vs. State of Bihar & Ors reported in 2023 SCC Online SC 496 and also a catena of orders/judgment passed by this Hon'ble High Court of Jharkhand and is fit to be quashed and set aside in limine. (ii) Be pleased to direct the respondents to grant the benefits of 1st, 2nd ACP and 3rd MACP with effect from their due dates after completion 10/20/30 years of service with effect from 11.06.2000 ( 1st ACP), 11.06.2008 (2nd ACP) and 11.06.2018 ( 3rd MACP) to the petitioner no. 1 and with effect from 15.06.2000 (1st ACP), 15.06.2008 (2nd ACP) and 15.06.2018 (3rd MACP) to the petitioner no. 2 as granted to them earlier in the year 2023 the benefits 1st ACP and 2nd ACP only and they were kept outside the purview of consideration for benefit of 3rd MACP only due to illegal shifting of due dates of their entitlement in pursuant to Resolution No. 1779 dated 21.05.2014 (iii) For issuance of an appropriate Writ (S) Order (S), Direction (S) in the nature of "Mandamus" directing and commanding upon the respondent authorities to sanction Pay Scale Rs. 6500-10500/-for First of Assured Credit Progression (for brevity ACP) and Pay Scale of Rs. 10,000-15200/- for Second ACP on completion of 12 years and 24 years of services respectively with effect from 09.08.1999 till 31.08.2008 as contained in 5th Pay Revision in the light of Rule 20 of Bihar Accounts Service, Rule 2000 which clearly depicts that appointment by promotion and Rule 2(3) of Resolution No. 5207 dated 14.08.2002 issued by the State Government of Jharkhand expressly extends entitlement of pay scale of the said promotional post available in the cadre whereas in the case of the petitioners they have not been provided the benefits of 1st and 2nd ACP due to them as on 11.06.2000 and 11.06.2008 and only pay scale with 1st ACP of Rs. 9300-34800 GP-4200 with effect from 25.08.2011 (modified to 01.07.2012) and 2nd ACP as on 25.08.2019 as level - 6 (applicable employees to non-graduate employees) has been the petitioner no.1 and the benefits of 1st and 2nd ACP due to them as on 11.06.2000 and 11.06.2008 and only pay scale with 1st ACP of Rs. 9300-34800 GP-4200 with effect from 25.08.2011 and 2nd ACP as on 25.08.2019 (applicable to non graduate employees) has been paid to petitioner no.2 by illegal shifting of period of 07 years 11 months 10 days of petitioner no.1 and 08 years,09 months 15 days of the petitioner no.2 vide office order no. 77 dated 14.11.2023. (iv) Be pleased to direct the respondents to grant the benefits of 1st, 2nd ACP and 3rd MACP with effect from their due dates after completion 10 /20/30 years of service with effect from 11.06.2000, 11.06.2008, 11.06.2018 to the petitioner no.1 and with effect from 15.06.2000, 15.06.2008, 15.06.2018 respectively to the petitioner no.2 as granted only 1st ACP and 2nd ACP and 3rd MACP not granted to them in view of Office Order No. 77 2026:JHHC:12779 3 dated 14.11.2023 in pursuant to Resolution No. 1779 dated 21.05.2014. (v) For issuance of further writ/order/direction to convert the pay scale of Rs. 6500-10500/- and Rs. 10,000/--15,000/- in Pay Band 2 with grade pay of Rs. 4800/- and Pay Band 3 with grade pay of Rs. 6600/- correspondingly with effect from 01.01.2006 when pay was revised in the light of recommendation of 6th pay revision committee." (vi) And also be pleased to direct the respondents’ authourties to make payment of arrears of the consequential benefits as well as recovered amount from the petitioners with statutory interest there upon for delayed payment thereof. 2. At the outset, learned counsel for the petitioners submits that the issue involved in this writ application is fully covered by the order of Co-ordinate Bench rendered in W.P.(S). 816 of 2021, vide order dated 09.04.2025. Accordingly, he submits that the instant writ application may be disposed of by directing the concerned respondents to consider the cases of the petitioners in the light of the aforesaid judgment as the same is squarely applicable to this case and further similar benefits be granted to the present petitioners. 3. Learned counsel for the respondents submits that though counter-affidavit has not been filed, however, looking to the prayers it appears that issue is same and similar what was there in W.P.(S). 816 of 2021, accordingly, this case may be disposed in the same line. 4. Having regard to the limited submissions of learned counsel for rival parties, the instant application is hereby disposed of by directing the respondent No. 2, treat this writ application as representations and take decision with regard to the claim made by the respective petitioners in accordance with law and applicable rules and regulations and also in view of the order passed by a Co-ordinate Bench of this Court in W.P.(S). No. 816 of 2021 by verifying the records of the case from respondent Nos. 4 and 5, by passing reasoned and speaking order(s) within a period of 12 weeks from the date of receipt of a copy of this order. One of the petitioners is directed to serve a copy of this writ application to the concerned respondent so that their grievances can be redressed at the earliest. 2026:JHHC:12779 4 5. If the decision is taken in favour of the petitioners, the consequential benefits shall be given to them within a further period of four weeks. 6. With the aforesaid observations and directions, the writ petition stands disposed of. (Deepak Roshan, J.) 28th April, 2026 kunal/- Uploaded on 21.05.2026