The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4991 of 2024 ---------- Amresh Mishra, aged about 63 years, Son of Late Saryug Mishra, Resident of village & post-Hardiya, P.S.-Pupri (Janakpur Road), Dist.-Sitamarhi, Bihar Petitioner ………… Versus 1.The State of Jharkhand 2.The Principal Secretary, Home, Prison and Disaster Management Department, Government of Jharkhand, having its office at 1st Floor, Project Building, Dhurwa, P.O. & P.S.-Dhurwa, Dist.-Ranchi, Jharkhand 3.The Director General-cum-Inspector General of Police, Jharkhand, Ranchi, having its office at Police Headquarters, P.O. & P.S: Dhurwa, Dist.-Ranchi, Jharkhand 4.The Additional Director General of Police (Communication and Technical Services) Jharkhand Ranchi, having its office at Police Headquarters, P.O. & P.S.-Dhurwa, Dist.-Ranchi, Jharkhand; 5.The Deputy Inspector General of Police (Personnel), Jharkhand, Ranchi, having its office at Police Headquarters, P.O. & P.S: Dhurwa, Dist: Ranchi, Jharkhand; 6.The Superintendent of Police (Communication and Technical Services) Jharkhand Ranchi, having its office at Police Headquarters, P.O. & P.S. Doranda, Dist.-Ranchi, Jharkhand; 7.The Accountant General, having office at North Office Para, Shyamali Colony, P.O. & P.S.: Doranda, Dist: Ranchi, Jharkhand; ………… Respondents CORAM: HON'BLE DR. JUSTICE S.N.PATHAK ------- For the Petitioner For the Resp.-State For the Resp. No.7
Legal Reasoning
: Mr. Diwakar Upadhyay, Advocate : Mr. Munna Lal Yadav, SC (L&C)-III : Mrs. Shruti Shrestha, Advocate ---------- 02/ 11.11.2024 Heard the parties. 2. Petitioner has approached this Court for a mandamus for granting the benefits of 3rd M.A.C.P from the date of entitlement on 10.11.2017. Further prayer has been made to quash the decision taken by the respondents the meeting of the Central Selection Board- cum- Screening Committee held on 27.09.2018 particularly column No.7 at Annexure-2. 3. Petitioner was appointed to the post of Driver Constable on 10.11.1997 in the erstwhile State of Bihar. After bifurcation of the State, petitioner was transferred to Sireless Branch, Ranchi and further in the year 2012 he was promoted to the post of Havaldar and transferred to Special 1 Branch. During the service tenure he was further transferred to different places and lastly to Garhwa District in the year 2016 and he superannuated from Wireless Branch, Ranchi on 31.01.2023 after rendering more than 36 years of service in the Police Department. Petitioner was granted the benefits of 1st ACP on 10.11.1999 and subsequently 2nd M.A.C.P. on 01.09.2008. The case of the petitioner is that he is entitled for the 3rd MACP w.e.f. 10.11.2017 after completion of 30 years of service to be counted from the date of initial appointment i.e. 10.11.1987. Petitioner has also passed the Hindi writing and Reading examination on 07.05.2006. The case of the petitioner was turned down for grant of 3rd MACP on the ground that he cleared the Hindi writing and Reading examination on 07.05.2006 and as such he was not entitled for benefits of 1st and 2nd ACP from the relevant dates on which he was considered and the dates were shifted and were considered from 07.05.2006 i.e. the date of passing of the Hindi writing and Reading examination. Aggrieved by the said order, petitioner has knocked the door of this Court. 4. Learned counsel for the petitioner submits that respondents have acted dehors the rules and against the cardinal principle of natural justice by shifting the date of promotion without putting the petitioner on notice. The learned counsel further submits that even considering the Annexure-1, petitioner was not to clear Hindi writing and Reading examination since it was not mandatory for the constables or the Havaldar to pass the said examination. To buttress his argument, learned counsel for the petitioner places heavy reliance on the judgment of this Court at Annexure-5 series and submits that this issue has already been considered by this Court and set at rest up to the Hon’ble Division Bench. 5. Learned counsel for the respondent-State submits that petitioner since has cleared the Hindi writing and Reading examination in the year 2006 was not entitled for the benefits of ACP from the dates on which he was considered, whereas he was entitled only from 2006 when he cleared the examination and as such rightly the dates have been shifted. Since the petitioner has not completed the 30 years of service considering the date of passing of examination, rightly his case has been turned down and the dates of earlier benefits of 1st and 2nd ACP have been shifted. 6. Learned counsel for the respondent No.7 submits that Accountant 2 General acts as per the recommendation of the State, if a fresh recommendation is made the benefits shall be extended and fresh order shall be passed. 7. Having gone through the rival submissions of the parties, across the bar, this Court is of the considered view that issue which has already been set at rest by this Court cannot be unsettled at the whims of the respondent- authorities. Admittedly in view of their own resolution it was not compulsory for the petitioner to clear the Hindi writing and Reading examination, although he cleared it in the year 2006 as per the directions of the State. The ACP benefits once considered and granted cannot be shifted as per the suitability of the respondent-authorities. Petitioner cannot be deprived of such benefits in a manner so as to disentitle him from MACP benefits. The respondents are directed to consider the case of the petitioner for grant of MACP benefits taking into consideration Annexure-1 and also in view of the fact that he has already been granted the 1st and 2nd ACP and as such the benefits which has already been granted should be considered. 8. As a sequitur to the aforesaid rules, guidelines and judicial pronouncement, Annexure-2 so far as it relates to shifting of the date of 1st and 2nd ACP is hereby quashed and set aside and direction is given to the respondents to grant the benefits of 3rd MACP within a period of eight weeks from the date of receiving of a copy of this order considering the date of grant of earlier benefits of 1st and 2nd ACP with all consequential benefits. 9. Accordingly, the instant writ petition stands allowed. Rohit/- (Dr. S.N. Pathak, J.) 3