SHAILENDRA RAJAK v. THE STATE OF JHARKHAND, THRO THE SECRETARY, DEPT. OF AGRICULTURE, ANIMAL HUSBANDRY AND CO-OPERATIVE
WPC/5324/2026 · 2026-08-19
Deepak Roshan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 24054 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 24054 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:24965 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 5324 of 2026
---------- Shailendra Rajak, aged about 61 years, s/o. Sukhdeo Rajak, R/o. village Tope, Near Durga Asthan, Nagar Panchayat-Kharbaiya, P.O. Top, Dist. Patna, Bihar-
801304.
………. Petitioner Versus
1. The State of Jharkhand through the Secretary, Department of Agriculture, Animal Husbandry & Co-operative, Govt. of Jharkhand, office at 3rd Floor, Nepal House, P.O. & P.S. Doranda, Dist. Ranchi, Jharkhand-834002.
2. The Registrar of Cooperative Societies, Department of Agriculture, Animal Husbandry & Co-operative, Govt. of Jharkhand, office at 3rd Floor, Pashupalan and Sahkarita Bhawan, Hesag, P.O. & P.S. Hatia, Dist. Ranchi, Jharkhand-834003.
3. The District Audit Officer of Cooperative Societies, East Singhbhum, Jamshedpur, P.O. & P.S. Jamshedpur, Dist. East Singhbhum at Jamshedpur, Jharkhand-831001.
4. The Principal Accountant General (A&E), Jharkhand, North Office Para, Shyamali Colony, P.O. & P.S. Doranda, Dist. Ranchi, Jharkhand-834002.
………. Respondents. ----------
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
----------- For the Petitioner : Mr. Shubham Gautam, Advocate For the Respondents :
Mr. M.L. Yadav, SC(L&C)-III
Ms. Richa Sanchita, Advocate
Ms. Risheeta Singh, Advocate
---------- 02/ 19.08.2026 By way of the present writ application the petitioner prays for following reliefs: (A) For issuance of a Writ in the nature of Mandamus or any other appropriate writ, order or direction, commanding upon the Respondents to grant the 2nd Modified Assured Career Progression ("MACP" for brevity) benefits to the Petitioner with effect from 19.05.2020. (B) For issuance of an appropriate writ, order or direction, directing the Respondent Authorities to calculate and pay the arrears of salary consequent upon the grant of the 2nd MACP for the period from 19.05.2020 to 31.01.2025 (i.е., date of retirement), together with simple interest at the rate of 6% per annum. (C) For issuance of an appropriate writ, order or direction, directing Respondent No. 4 (Accountant General, Jharkhand) to revise the pension, gratuity, leave encashment, and all other retiral benefits of the Petitioner on the basis of the upgraded pay scale pursuant to the 2nd MACP, and to disburse the differential amounts forthwith.
2026:JHHC:24965 2
2.
Learned counsel for the petitioner submits that the issue involved in this writ application is squarely covered by the judgment rendered by Hon’ble Apex Court in the case of Amresh Kumar Singh & Ors. Vs. State of Bihar & Ors.1 whereby it has been held that passing of departmental examination is not necessary; as such, he submits that the petitioner may be permitted to approach the respondent No. 1, who may be directed to pass a necessary order and give consequential benefits.
3.
Learned counsel for the respondents submits that since counter- affidavit has not been filed, if the petitioner so wish, he may approach the concerned authorities for redressal of his grievances.
4. Having regard to the limited submissions of learned counsel for the parties, the instant writ application is hereby disposed of by directing the petitioner to file fresh representation before the respondent No. 1. The moment the respondent No. 1 will receive any such representation; he shall take decision in accordance with law and applicable rules and regulations and the ratio laid down by the Hon’ble Apex Court in the case Amresh Kumar Singh & Ors. Vs. State of Bihar & Ors. (supra) within a period of eight weeks from the date of receipt of such representation.
5. It goes without saying that if the decision is taken in favour of the petitioner, necessary consequential order be issued within a further period of four weeks.
6. As a result, the instant writ application stands disposed of.
(Deepak Roshan, J.) 19th August, 2026 kunal/- Uploaded 25.08.2026
1 2023 SCC OnLine SC 496