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2026 DAILYLAW 9292 (JHR)

BIRENDRA KUMAR v. STATE OF JHARKHAND

WPC/2747/2026 · 2026-04-21

Deepak Roshan

body2026

Judgment text

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2026:JHHC:11744 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 2747 of 2026 ---------- 1. BIRENDRA KUMAR, son of late Ramdhani Sah, aged about 61 years, retired Technical Assistant Office of District Animal Husbandry Officer, Ranchi, resident of Road No.7, Prince Public School, Ganga Nagar, Harmu, Ranchi, P.O. Harmu, P.S. Sukhdev Nagar, District Ranchi. 2. RAJESH KUMAR SINHA, son of late Navin Kumar Sinha, aged about 63 years, retired Technical Assistant Office of District Animal Husbandry Officer, Ranchi, resident of M-89, Argora Housing Colony, P.O. Doranda, P.S. Argora, District Ranchi. 3. KRISHNA KUMAR SAHU, son of late Ramchandra Sahu, aged about 61 years, retired Technical Assistant Office of District Animal Husbandry Officer, Ranchi, resident of village Arsandey, P.O. Boria, P.S. Kanke, District Ranchi. ………. Petitioners Versus 1. The State of Jharkhand. 2. The Secretary, Department of Agriculture, Animal Husbandry and Cooperative, Govt. of Jharkhand, Nepal House, P.O. & P.S. Doranda, Dist. Ranchi. 3. The Director, Animal Husbandry Directorate, Department of Agriculture, Animal Husbandry and Cooperative, Govt. of Jharkhand, Pashupalan Bhawan, Hessag, P.O. Hessag, P.S. Tupudana, Dist. Ranchi. 4. The District Animal Husbandry Officer, Ranchi, Near Siramtoli, P.O. & P.S. Chutia, District Ranchi. ………. Respondents. ---------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioners : Mr. Deepak Kr. Prasad, Advocate For the Respondents : Mr. Priyadarshi, GP-VI ---------- 02/ 21.04.2026 The instant application has been preferred for following reliefs: i) For direction upon the respondents to grant 1st Modified Assured Career Progression (MACP) to petitioners in the light of Resolution No.2981/F dated 01.09.2009 [Annexure-3] issued by Department of Planning-cum-Finance, Govt. of Jharkhand, the petitioner has retired after completing more than 12 years of regular satisfactory service, there are no departmental proceeding or criminal cases are pending against them. ii) For direction upon the respondents to pay all consequential benefits to petitioners after granting 1 Modified Assured Career Progression (MACP) to petitioners with 10% interest thereupon i.e. arrears of salary due after granting of 1st MACP and also revise the pension etc. 2026:JHHC:11744 2 iii) For direction upon the respondents to dispose of the representation of the petitioners dated 24.02.2026 [Annexure-5] and reminder dated 10.03.2026 [Annexure-5/1]. 2. At the outset, learned counsel for the petitioners submits that though representations of the petitioners are pending before the respondent No. 2 but the said respondent has not passed any order on the same, as such, a direction be given to the respondents to pass order on their representations in accordance with notification and settled proposition of ACP. 3. Learned counsel for the respondents submits that since no counter- affidavit has been filed as such, petitioners may be directed to file fresh representations before the respondent-authorities so that their grievances can be redressed. 4. Having regard to the aforesaid facts and circumstances and limited submissions of the learned counsel for the parties, the instant writ application is hereby disposed of by directing the respondent-authorities to treat this writ application as representation 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 law laid by the Hon’ble Apex Court in the case of Amresh Kumar Singh & Ors. Vs. State of Bihar & Ors.1, by passing a reasoned and speaking order(s) within a period of 8 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. 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.) 21st April, 2026 kunal/- Uploaded on 04.05.2026 1 2023 SCC OnLine SC 496