2026:JHHC:13032 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1377 of 2021 …… Poonam Sinha, aged about 59 years, wife of Shri Arun Kumar Sinha, C/o Baidya Nath Prasad, resident of Mohalla-Janta Road, New Yarpur, P.O. and P.S. Gardanibagh, District-Patna (Bihar), at present posted as Child Development Project Officer, Madhupur, C.D.P.O. Campus, P.O. and P.S. Madhupur, District-Deoghar (Jharkhand). …. Petitioner(s) -VERSUS- 1. The State of Jharkhand. 2. The Secretary, Social Welfare, Women and Child Development Department, Government of Jharkhand, Project Bhawan, H.E.C., Dhurwa, P.O. and P.S. Dhurwa, District-Ranchi. 3. The Joint Secretary, Social Welfare, Women and Child Development Department, Government of Jharkhand, Project Bhawan, H.E.C., Dhurwa, P.O. and P.S. Dhurwa, District-Ranchi. 4. The Director, Social Welfare, Women and Child Development Department, Government of Jharkhand, Project Bhawan, H.E.C., Dhurwa, P.O. and P.S. Dhurwa, District-Ranchi. 5. The Commissioner, Santhal Pargana Division, Dumka, P.O. and P.S. Dumka, District-Dumka. …..Respondent (s) …… CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Sameer Saurabh, Adv For the Respondent (s) : Mr. Saurav Mahto, A.C. to G.P.-I …… 06/21.04.2026 1. The instant writ application has been preferred by the petitioner for the following reliefs: (i) For issuance of an appropriate Writ(s), order(s), and/or direction(s), particularly a writ in the nature of Mandamus commanding upon the respondents to give benefit of 1st A.C.P. with effect from 09.08.99, 2nd A.C.P. with effect from 1.08.2004 and 3rd M.A.C.P. with effect from 1.08.2010 as the petitioner has completed more than 30 years of service, till 23.1.2017, but the said benefit has not been given to the petitioner although the junior to the petitioner were granted said benefits; 2026:JHHC:13032 2 (ii) For issuance of further appropriate Writ(s), order(s), and/or direction(s), particularly a writ in the nature of Mandamus commanding upon the respondents give annual increment in the salary of the petitioner since July, 2017 as the petitioner was promoted on the post of Child Development Project Officer on 23.1.2017 in the PB-II, 9300-34800/- Grade Pay 4800/- but the annual increment has not been given to the petitioner; (iii) For issuance of further appropriate Writ(s), order(s), and/or direction(s), particularly a writ in the nature of Mandamus commanding upon the respondents to pay the arrears of salary to the petitioner with statutory and penal interest after fixation of her salary in terms of 1st A.C.P, 2nd A.C.P. and 3rd MACP, and give the annual increment in grade pay of Rs.4800/- (iv) For issuance of any other appropriate writ(s)/direction(s) order(s) as Your Lordships may deem fit and proper in the facts and circumstances of this case in the interest of justice. 2. At the outset, learned counsel for the petitioner submits that so far as prayer of ACP/MACP benefit is concerned; the same has been redressed by the respondents. Now the petitioner is only praying for annual increment in the salary since July, 2017 as the petitioner was promoted to the post of Child Development Project Officer on 23.01.2017 in the P.B.-II, 9300-34800/- and Grade Pay 4800/- but unfortunately annual increment has not been given to the petitioner and he has retired on 31.07.2021. 3. It has been contended by learned counsel for the petitioner that though no order has been passed till date; however, the stand of the respondents is that for increment, one has to pass departmental examination, however even the own circular of the government exempts a person from passing any departmental examination who has crossed the age of 50 years and the petitioner was promoted at the age of 56 years. As such, there is no reason why the petitioner would not be entitled for annual increment. 2026:JHHC:13032 3 4. In reply to the same, learned counsel for the respondent relies upon its counter-affidavit; wherein at para 9, it has been stated as under: - “9. That it is humbly stated and submitted that the petitioner in respect to grant of annual increment in the salary from July, 2017 on the ground that she was promoted to the post of Child Development Project Officer on 23.01.2017 it is say and submit that after promotion in the post of Child Development Project Officer, petitioner is required to appear and pass Departmental Examination of the Subjects-Accounts, Development, Hindi (Higher Level) which will be conducted by Board of Revenue (Central Examination Committee) in view of Rule 12 (Kha), (Ga) of the Jharkhand Bal Vikas Praiyoja Padhai Kariswea) Niyamawali, 2018.” 5. However, Ld. State Counsel could not dispute the fact that the circular of the Government itself exempts an employee for passing of the departmental examination who has crossed 50 years of age. 6. Having heard learned counsel for the parties and after going through the documents available on record and the averments made in the respective affidavit; so far as prayer of 1st and 2nd MACP is concerned; the same has been redressed. 7. So far as non-payment of annual increment in the salary since July 2017, when the petitioner was promoted to the post of CDPO on 23.01.2017 is concerned; the ground for non-payment is due to non-passing of departmental examination. However, even the circular of the Government exempts employee who has crossed 50 years of age and admittedly in this case, the petitioner has got promotion at the age of 56 years. Therefore, this Court fails to understand why the annual increment is not being given to the petitioner. 8. At the cost of repetition, admittedly after 50 years of age, no employee is required to pass departmental 2026:JHHC:13032 4 examination; as such, the stand of the respondent with regard to denying the payment of annual increment is concerned, the same is rejected and this Court holds that petitioner is entitled for annual increment in the salary since 2017, when he was promoted to the post of CDPO from 23.01.2017 in the P.B.-II, 9300-34800/- and Grade Pay 4800/-. 9. Accordingly, the respondents are directed to calculate the amount of increment and pay the same to the petitioner. Since the petitioner has retired in the year 2021 itself, the entire exercise of payment shall be completed within a period of 8 weeks from the date of receipt of copy of this order. 10. It goes without saying that the respondents would also re-fix the pension and send necessary documents to the office of the Accountant General for the needful. 11. Accordingly, the instant writ application stands allowed. Pending I.A.s, if any, also stands disposed of. (Deepak Roshan, J) 21.04.2026 Amardeep/ Uploaded on 05.05.2026