Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:13152
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4895 of 2024 Sushil Ignatius Minz, aged about 66 years, Son of Late Isidor Minz, Resident of Tunki Toli, Samlong, P.O. and P.S.-Namkum, District-Ranchi
... … Petitioner(s)
Versus
1. The State of Jharkhand.
2. The Member Board of Revenue, Government of Jharkhand, 1st Floor, H.T.I. Building, Dhurwa, P.O. and P.S.-Dhurwa, District-Ranchi.
3. The Principal Secretary, Department of Finance, Government of Jharkhand at Project Building, P.O. and P.S.-Dhurwa, District-Ranchi.
4. The Principal Secretary, Department of Mines and Geology, Government of Jharkhand at Nepal House, P.O. and P.S.-Doranda, District-Ranchi.
... … Respondent(s)
With
W.P.(S) No. 4795 of 2024 Bipin Bihari Singh, Aged about 65 years, S/o Late T.R. Singh R/o Qtr. No. E/147 Sector 2, HEC, PO-Dhurwa, PS- Jagarnathpur, District-Ranchi
... … Petitioner(s)
Versus
1. The State of Jharkhand
2. The Member Board of Revenue, Government of Jharkhand at H.T.I. Building, PO and PS-Dhurwa District - Ranchi
3. The Principal Secretary, Department of Finance, Government of Jharkhand at Project Building, P.O and P.S. - Dhurwa District-Ranchi 4 The Secretary, Department of Mines and Geology, Government of Jharkhand at Nepal House, PO and PS-Doranda, District-Ranchi
... … Respondent(s)
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Kanti Kumar Ojha, Advocate For the Respondent(s) : Mr. Shubham Gautam, AC to AAG-V
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Order No. 09/Dated: 21st April 2026
Since both these writ applications involve common issue relating to payment of ACP/MACP benefit, as such with the consent of the parties both were heard together and are being disposed of by this common order.
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2. In W.P.(S) No. 4895 of 2024 the petitioner has made the following prayers:
“1. That this is an application for issuance of an appropriate writ/s,
order/s, direction/s quashing the Clause 3 (Kha) of the decisions of the screening Committee dated 06.12.2022 (Annex-5) concerning to Petitioner and thereupon the benefit of 3rd Modified Assured Career Progression (MACP) and also to pay the differences of the arrears of salary including all other consequential benefits being computed on the basis of 3rd MACP with effect from 15.11.2014 has been rejected by misinterpreting the provisions defined under Clause 20 (ga) of the Appendix-I of MACP scheme implemented vide resolution dated 01.09.2009 being issued by the Department of Finance, Government of Jharkhand, irrespective of the case of the Petitioner is covered under Clause 20 (Kha) of Appendix-I of the MACP Scheme not under Clause 20 (Ga) of the said scheme;
AND Further for direction upon the respondents to consider the case of the Petitioner afresh concerning to his 3rd Financial Up-gradation (3rd MACP) with effect from 15.11.2014 with all consequential benefits in terms of Clause 20 (Kha) of the Appendix-I of MACP scheme, whereunder it has been clearly denoted that an employee, who has been granted two promotions prior to completion of 20 years of service and, thereafter, he will be entitled for 3rd Financial Up- gradation after 10 years of continuous service in the same grade after 2nd promotion or after 30 years of service, whichever is earlier, whereas the Petitioner has already completed 10 years of continuous service in the same grade after 2nd promotion granted on 14.11.2014 and, accordingly, he is entitled for his 3rd Financial Up-gradation with effect from 15.11.2014 with all consequential benefits;
AND/OR Further for grant of such other relief/s, as Your Lordships for which the Petitioner is legally entitled for. 3. In W.P.(S) No. 4795 of 2024 the petitioner has made the following prayers:
“1. That this application is directed against Clause 3(Kha) of the decisions of Screening Committee Meeting held under the Chairmanship of the Member, Board of revenue on 06-12-2022 (Annexure-5) whereby the petitioner has been denied the benefit of 3rd Modified Assured Career Progression (hereinafter referred to as MACP) w.e.f 15-11-2014 by misinterpreting the provisions of Clause 20(ga) of Appendix-1 of MACP Scheme implemented vide Resolution No. 2981 dated 01-09-2009 of Finance Department, Government of Jharkhand for not completing 30 years of service.
AND Further for direction upon the respondents to consider the case of petitioner afresh for grant of the benefits of his 3rd MACP w.e.f 15-11- 2014 with all consequential benefits in terms of Clause 20 (Kha) of the Appendix-I of the MACP Scheme because under Clause 20 (Kha) of the Appendix-I of MACP Scheme it has been clearly mentioned that an
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employee who has been granted two promotions prior to completion of 20 years of service and thereafter he will be entitled for 3rd MACP alter 10 years of continuous service in the same grade after 2nd promotion or after 30 years of service whichever is earlier, whereas the petitioner has already completed 10 years of continuous service on 14-11-2014 in the same grade after 2nd promotion granted on 15-11- 2004 and accordingly he is entitled for his 3rd MACP w.e.f. 15-11- 2014 with all consequential benefits,
AND/OR Further for grant of such other relief(s) as Your Lordships may think fit for which the petitioner is legally entitled for.”
4. A counter affidavit has been filed in W.P.(S) No. 4795 of 2024 wherein at paragraph no. 14 it has been stated by the respondent-State that opinion of Finance Department was sought and the matter was again proposed for re-consideration and a fresh Screening Committee Meeting under the Chairmanship of Member, Board of Revenue was proposed; however, the revised Screening Committee Meeting has not yet been convened or finalized till date. 5.
Learned counsel for the State submits that though a direction may be issued to consider the case of individual petitioner in the particular timeline but there cannot be any direction in W.P.(S) No. 4895 of 2024 directing the respondents to pay the 3rd MACP and that should be decided case to case basis.
6. Having regard to the aforesaid facts and circumstances of the case and also the specific averment made in paragraph no. 14 of the counter affidavit dated 18.08.2025 filed in W.P.(S) No. 4795 of 2024 that Screening Committee Meeting under the Chairmanship of Member, Board of Revenue was proposed but still the Meeting has not been convened. Accordingly, the respondent-State is directed to fix the date of meeting so that the claim of ACP/MACP benefits of persons can be decided at once. Therefore, the said meeting as proposed by the Finance Department must be conducted as expeditiously as possible preferably within a period of 12 weeks from the date of uploading of this order.
7. It goes without saying that the petitioners or any other person shall be entitled for the ACP/MACP benefit strictly in accordance with the
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Government Notification which is applicable to them (Annexure-4).
8. With the aforesaid observation, all these writ applications stand
disposed of in the aforesaid terms.
(Deepak Roshan, J.)
21st April 2026 Amit Uploaded on 15/05/2026