Bashista Narayan Sharma … v. State of Jharkhand & Ors
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.660 of 2013 Bashista Narayan Sharma …. Petitioner Versus State of Jharkhand & Ors. ...Respondents Coram : The Hon’ble Mr. Justice Narendra Nath Tiwari For the Petitioner : Mr. Ashish Kr.Shekhar, Advocate For the Respondents : J.C. to S.C.III ----- I.A. no.4081 of 2013 3/27.06.2013 In this application, the petitioner has prayed for addition of
Decision
the prayer and consequent amendment in the writ petition. It has been stated that the petitioner has sought direction on the respondents to give confirmation of 1st and 2nd A.C.P. and the benefit of Modified Assured Career Progression Scheme(MACP). The petitioner is in the services of the respondents since 29.06.1979. After completion of 12 years and 24 years of continuous service, the petitioner was granted 1st and 2nd ACP w.e.f. 9.8.1999 and 29.06.2003 respectively. The petitioner has completed 30 years of continuous service on 29.06.2009 and is entitled to get the benefit of MACP. Though the benefits of 1st and 2nd ACP were given to the petitioner much earlier, the same have not been confirmed by the appropriate authority. The petitioner filed repeated representations for grant of the benefit of MACP, but no order has been passed till date. In reply to the writ petition, the respondents in their counter affidavit have stated, inter alia, that the confirmation of 1st and 2nd ACP and the benefit of MACP have not been given due to pendency of a departmental proceeding against the petitioner. In view of the said reply of the respondents, the petitioner has prayed for addition of one more prayer seeking direction on the respondents to dispose of the departmental proceeding expeditiously in view of the petitioner's retirement on 30th June,2013. The respondents have no objection in addition of prayer and consequent amendment in the writ petition. Considering the said facts and submissions, this application is allowed. The amendment, prayed for, stands allowed. I.A. no.4081 of 2013 is disposed of. ( Narendra Nath Tiwari, J.) s.b. IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.660 of 2013 Bashista Narayan Sharma …. Petitioner Versus State of Jharkhand & Ors. ...Respondents Coram : The Hon’ble Mr. Justice Narendra Nath Tiwari For the Petitioner : Mr. Ashish Kr.Shekhar, Advocate For the Respondents : J.C. to S.C.III ----- 4/27.06.2013 In this writ petition, the petitioner has prayed for a direction on the respondents to confirm of the orders giving him benefits of 1st and 2nd ACP and to grant the benefit of Modified Assured Career Progression Scheme (MACP), which the petitioner is entitled to get in accordance with the prescribed provision. By way of amendment in the writ petition, the petitioner has also prayed for a direction on the respondents to dispose of the departmental proceeding expeditiously, in view of the petitioner's retirement on 30th June,2013. It has been submitted that the petitioner joined the Government service as Junior Engineer in the Water Resources Department, Jharkhand on 29.06.1979. On completion of 12 years and 24 years of continuous service as Junior Engineer, the petitioner was granted benefits of 1st and 2nd ACP w.e.f. 9.8.1999 and 29.06.2003, respectively. The said orders were sent for confirmation to the competent authority of the department long back on 25.02.2011, but till date confirmation order has not been issued. The petitioner, thereafter, has completed 30 years of continuous service and is now entitled to get the benefit of MACP. He filed representations before the concerned authority requesting for the said benefit, but inspite of repeated representations, the order of confirmation of 1st and 2nd ACP has not been issued and the benefit of MACP has not been given to the petitioner. The respondents have taken plea that the confirmation of ACP and the benefit of MACP have not been given because of pendency of departmental proceeding against the petitioner. Learned counsel for the petitioner submitted that the said ground is wholly frivolous. The enquiry has been concluded by the enquiry officer long back and the report has been submitted exonerating the petitioner of the charges, but inspite of receipt of the report, the departmental proceeding has not been disposed of till date. The petitioner is due to retire on 30th June,2013 and he shall not get his due retiral benefits in absence of confirmation of his 1st and 2nd ACP and grant of MACP. .2. It has been submitted that the petitioner is being discriminated against as another junior engineer-Subodh Prasad Mandal against whom departmental proceeding is pending, has been given the benefit of MACP and the order has been issued for confirmation of ACP. Attitude of the respondents regarding the petitioner is wholly unjust and arbitrary. In view thereof, appropriate direction be issued to the respondents for issuing appropriate order. The writ petition has been opposed by the respondents by filing counter affidavit. It has been stated that a departmental proceeding has been initiated against the petitioner by Memo no.351 dated 09.02.2012 and the matter of grant of MACP and confirmation of 1st and 2nd ACP are pending in view of the said departmental proceeding. However, the respondents have not given any statement regarding submission of enquiry report and have not assigned any reason for keeping the proceeding for final order, pending for such a long time, though the petitioner is due to retire on 30th June,2013. Learned J.C. to S.C.III, appearing on behalf of the respondents, submitted that the confirmation of 1st and 2nd ACP and the benefit of MACP have not been given due to pendency of the departmental proceeding and as soon as the departmental proceeding is concluded, appropriate order shall be passed to that regard. Having heard learned counsel for the parties and considered the facts and materials, this writ petition is disposed of directing the respondents to take final decision in the departmental proceeding, which is said to be pending since 05.06.2012, within six weeks from the date of receipt/production of a copy of this order. The respondents are also directed to pass appropriate orders regarding confirmation of 1st and 2nd ACP of the petitioner and his claim for benefit of MACP, within six weeks thereafter. ( Narendra Nath Tiwari, J.) s.b.