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2026 DAILYLAW 9857 (JHR)

SUDHANSHU SHEKHAR PRAJAPATI v. THE STATE OF JHARKHAND

WPC/3063/2019 · 2026-01-13

Deepak Roshan

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Judgment text

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2026:JHHC:865 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3063 of 2019 --------- Sudhanshu Shekhar Prajapati, Aged about 66 years, Son of Late Band Nidhi Prajapati, Resident of Village-Jarki, P.O. and P.S.- Karaikella, District-West Singhbhum at Chaibasa, Jharkhand. ......Petitioner Versus 1. The State of Jharkhand. 2. The Secretary Department of Forest and Environment, Government of Jharkhand, Nepal house, P.O. and P.S. Doranda, District-Ranchi. 3. Principal Chief Conservator of Forest, Van Bhawan, Doranda, Ranchi, P.O. and P.S.-Doranda, District-Ranchi. 4. Regional Chief Conservator of Forest, East Singhbhum, Jamshedpur, Van Bhawan, CH Area (North West) Parshiaramga Near Sai Mandir, P.O. and P.S.- Sonari, District East Singhbhum at Jamshedpur. 5. Divisional Forest Officer, Van Pramandal Chaibasa, P.O.- Chaibasa, P.S.-Sadar, District West Singhbhum at Chaibasa. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : Mr. Gautam Kumar, Advocate Mr. Birat Kumar, Advocate Mr. Sanjay Kumar, Advocate Mr. Sudhir Kr. Srivastava, Advocate For the Respondent(s) : Mr. Priyadarshi, G.P.-VI --------- 08/Dated:-13.01.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: For issuance of an appropriate writ/writs, order/orders, direction/directions to the respondents for grant of:- (i) 1st A.C.P. with effect from 09.08.1999 in place of 01.01.2007. (ii) 2nd A.C.P. from the date of 23.04.2004 and in Scale of 6,500-10,500 and (iii) 3rd A.C.P./Μ.A.C.P. with effect from 28.01.2010 in the pay Scale of 9,300- 34,800 (Grade pay 4,600) after completion of 30 years of continuous service period. (iv) And further quashing of Office order No.-125 (Memo No.-2396) dated 27.10.2014 (Annx-1) by which with effect from 01.01.2007 the 1st A.C.P. was granted in place of 09.08.1999 issued under the signature of Divisional Forest Officer, Chaibasa. As per the prevalent rule of grant of A.C.P. as the same is due to be granted to Petitioner whereas other similarly situated persons namely Shri Arjun Singh and Mukteshwar Boipai from with the effect from 1999 1st A.C.P., from with effect from 2004 2nd A.C.P., and with effect from 2010 3rd A.C.P, had been granted 2026:JHHC:865 2 1st, 2nd and 3rd A.C.P./M.A.C.P. after completion of 30 years of service period in spite of clean record as the Petitioner has not guilty and has not been punished either in criminal case or in any departmental proceeding. 3. At the outset, learned counsel for the petitioner submits that in view of the latest judgment passed by the Hon’ble Apex Court in the case of A.C.P./M.A.C.P. i.e. in the case of Amresh Kumar Singh & Ors. vs. The State of Bihar & Ors. reported in 2023 SCC OnLine SC 496, the instant application may be disposed of by giving liberty to the petitioner to approach the concerned respondent, who shall take a decision in the matter of grant of A.C.P./M.A.C.P. in accordance with law and also in view of the fact that similarly situated persons have been granted benefit of the same. 4. Learned counsel for the respondents fairly submits that if the petitioner chooses to approach the concerned respondent, he has no objection; however, his case of parity is not sustainable in view of the fact that the State government has already rectified the benefits of the similarly situated employee. 5. Having regard to the aforesaid submission and looking to the nature of the prayer, the instant application stands disposed of without going into merits of the case, by giving liberty to the petitioner to approach the respondent No.3 by filing a detailed representation along with relevant documents within a period of four weeks. If any, such representation is preferred within the aforesaid stipulated period, the same shall be disposed of by the concerned respondent in accordance with law and applicable rules 2026:JHHC:865 3 and regulations within a period of l2 weeks from the date of receipt of such representation. 6. With the aforesaid observations and directions, the instant writ application stands disposed of. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) January 13, 2026 vikas/- uploaded 20.01.2026