2026:JHHC:19645 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.4049 of 2017 ------ Malti Choudhary, wife of Dr. Ashok Kumar Choudhary, Resident of Quarter No.C-27, Doctor’s Colony, Naisarai, Ramgarh, P.O. and P.S.- Ramgarh, District-Ramgarh, Jharkhand …. …. Petitioner Versus 1. The State of Jharkhand 2. The Principal Secretary, Department of Agriculture, Animal Husbandry and Co-Operative, Government of Jharkhand, Nepal House, Doranda, P.O. and P.S.-Doranda, District-Ranchi (Jharkhand) 3. Director (Agriculture) Jharkhand, Department of Agriculture, Animal Husbandry and Co-Operative, Government of Jharkhand, Kanke Road, P.O.-Ranchi University, P.S.-Gonda, District-Ranchi 4. The Principal Secretary, Department of Planning and Finance, Government of Jharkhand, Project Building, P.O. and P.S.- Dhurwa, District-Ranchi (Jharkhand) 5. Accountant General, Ranchi, P.O. and P.S.-Doranda, District- Ranchi, Jharkhand ..... .... Respondents CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------ For the Petitioner : Mr. Aditya Kumar, Advocate Ms. Suman Roy, Advocate For the State : Mr. Gaurang Jajodia, AC to GP-II ------ 09/Dated: 03.07.2026 1. This writ petitioner has been filed under Article 226 of the Constitution of India seeking the following reliefs:- (a) for issuance of appropriate Writ/Writs, Order/Orders, Direction/Directions commanding upon the respondent to grant ACP-1, ACP-2 and MACP to the petitioner from due dates since the petitioner has already completed 30 (Thirty) years of successful service under Government of Jharkhand Department of Agriculture Animal Husbandry and Cooperative. (b) for issuance of appropriate writ/writs, order/orders, direction/directions upon the respondents to sanction appropriate leave to the petitioner in relation to her compulsive abstention from duty on account of serious chronic disease incapacitating her to move from home in the relevant period in the light of medical certificates issued by Christian Medical college, Vellore, Rajendra Institute of Medical Science (R.I.M.S.), Ranchi and Medanta Hospital, Gurgaon and to pay appropriate salary in relation to those periods to the petitioner. 2026:JHHC:19645 2 (c) For issuance of an appropriate writ(s), Order(s) or Direction(s) upon the respondents for payment of retiral benefits including pay fixation for grant of pensionary benefits and for payment of gratuity amount to the petitioner by granting 1st ACP, 2nd ACP and MACP as the petitioner has retired from service on 31.08.2019." 2. The direction pertains to benefit of upgradation to be given on the basis of the resolution dated 14.08.2002 as contained in memo no.5207, for which, the policy decision has been taken to grant upgradation in the pay scale on completion of 12/24 years of service. 3. The said scheme has been superseded by another scheme by virtue of resolution dated 01.09.2009, by which, upgradation in pay scale has been decided to be given on completion of 10/20/30 years of service making it applicable w.e.f. 01.09.2008. 4. Learned counsel for the petitioner has submitted that the respondent has taken decision to grant the financial benefits of 1st ACP to the petitioner w.e.f. 09.08.1999 and 2nd ACP w.e.f 28.07.2007 as would be evident from the office order no.48 dated 29.04.2025 appended as Annexure-H to the counter affidavit filed on behalf of respondent no.3 on 02.07.2025. 5. Further, it has been submitted by referring to the communication as contained in letter no.553 dated 06.05.2025 that for extending the benefit of MACP, certain documents have been requisitioned from the petitioner, which the petitioner has already submitted before the authority. 6. Learned counsel for the petitioner has further submitted that the decision to extend the benefit of upgradation in pay scale 2026:JHHC:19645 3 although has been taken on 29.04.2025 for grant of two upgradation under the Assured Career Progression Scheme but the actual benefit has not yet been given and the benefit of 3rd upgradation under MACP has not also been given as yet. 7. This Court has heard the learned counsel for the parties. 8. It appears from the statement made at paragraph-20 of the counter affidavit that the entitlement of the writ petitioner for upgradation in pay scale by way of first ACP w.e.f. 09.08.1999 in the pay scale of Rs.4000-6000/- and 2nd ACP w.e.f. 28.07.2007 in the pay scale of Rs.4500-7000/- has already been sanctioned, vide office order no.48 dated 29.04.2025 for ready reference, statement made at paragraph-20 of the counter affidavit filed on behalf of respondent no.3 is being referred as under:- “20. That the petitioner has been granted the financial benefits of the 1 ACP w.e.f. 09.08.1999 in the pay scale of Rs.4000-6000/- and second ACP w.e.f. 28.07.2007 in the pay scale of Rs.4500- 7000/- vide office Order No.48 dated 29.04.2025.” 9. The decision, although has been taken on 29.04.2025 but no financial benefit has been disbursed in favour of the writ petitioner. 10. Further, the benefit of 3rd upgradation under MACP scheme applicable has also not been extended in favour of the writ petitioner, although, the learned State Counsel, has referred the communication dated 06.05.2025 (Annexure-I) to the said affidavit, wherein, the certain documents have been requisitioned from the petitioner. 11. Learned counsel for the petitioner has submitted that the said documents have already been submitted before the competent 2026:JHHC:19645 4 authority. 12. This Court, in view of the aforesaid, is of the view that the direction is to be passed upon the respondent no.2-the Principal Secretary, Department of Agriculture, Animal Husbandry and Co- operative, Govt. of Jharkhand to release the fund for disbursement of arrears of difference of salary and its consequence by fixing the pension along with the difference of arrears and the pensionary benefit in favour of the petitioner within the period of two months from the date of receipt of copy of this order. 13. The authority concerned is to take decision to disburse the amount, in terms of the decision so taken on 29.04.2025 pertaining to upgradation in pay scale of 1st and 2nd ACP scheme. 14. The respondent no.2 is also directed to taken decision with regard to extending the benefit of 3rd upgradation under the MACP scheme is concerned and release the differential amount both arrears of salary and the pensionary benefit with the aforesaid period. 15. With the aforesaid directions, the writ petition stands disposed of. 16. Pending interlocutory application(s), also stands disposed of. (Sujit Narayan Prasad, J.) 03.07.2026 Rohit/-