1. Ravindra Nath Mahato 2. Ganga Ram Gope 3. Gorachand Das 4. Charan Singh v. 1. The State of Jharkhand 2. The Principal Secretary, Home Department, Government of Jharkhand
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4806 of 2023 1. Ravindra Nath Mahato 2. Ganga Ram Gope 3. Gorachand Das 4. Charan Singh Samad 5. Churka Ho 6. Sukhlal Gilua 7. Gola Ram Kerai 8. Saraswati Devi … … Petitioners Versus 1. The State of Jharkhand 2. The Principal Secretary, Home Department, Government of Jharkhand, Ranchi 3. The Deputy Commissioner, West Singhbhum, Chaibasa 4. The Superintendent of Police, West Singhbhum, Chaibasa 5. The Accountant General (A&E), Jharkhand, Ranchi … … Respondents
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners For the Respondents : Mr. Samavesh Bhanj Deo, Adv. : None ----- Order No. 05 Dated: 01.02.2024 The present writ petition has been filed for issuance of direction upon the respondents to forthwith grant three financial upgradations under the scheme of Assured Career Progression (A.C.P)/Modified Assured Career Progression (M.A.C.P) to the petitioners with all consequential benefits. Further prayer has been made for issuance of direction upon the respondents to revise and pay the revised pension and Gratuity along with interest @ 18% per annum from the date of retirement till the actual payment. 2. Learned counsel for the petitioners submits that the petitioner no. 1 was appointed on Group-IV post of Chowkidar by way of regularization with effect from 01.01.1990. He superannuated from service with effect from 31.12.2022. The petitioner no. 2 was appointed on Group-IV post of Chowkidar by way of regularization with effect from 01.01.1990. He 2 superannuated from service with effect from 31.03.2022. The petitioner no. 3 was appointed on Group-IV post of Chowkidar by way of regularization with effect from 01.01.1990. He superannuated from service with effect from 31.08.2022. The petitioner no. 4 was appointed on Group-IV post of Chowkidar by way of regularization with effect from 01.01.1990. He superannuated from service with effect from 31.05.2018. The petitioner no. 5 was appointed on Group-IV post of Chowkidar by way of regularization with effect from 01.01.1990. He superannuated from service in the year 2015. The petitioner no. 6 was appointed on Group-IV post of Chowkidar by way of regularization with effect from 01.01.1990. He superannuated from service with effect from 31.03.2023. The petitioner no. 7 was appointed on Group-IV post of Chowkidar by way of regularization with effect from 01.01.1990. He superannuated from service with effect from 31.01.2013. The deceased husband of the petitioner no. 8 – Late Bhivisan Tanty was appointed on Group-IV post of Chowkidar by way of regularization with effect from 01.01.1990. He superannuated from service with effect from 30.06.2020 and died on 24.07.2022. 3. Learned counsel for the petitioners further submits that vide letter no. 3029 dated 26.08.2006 issued by the Department of Home, Government of Jharkhand to all the Deputy Commissioners/Superintendents of Police, State of Jharkhand, it was clarified that the ‘Chowkidars’ as well as ‘Dafadars’ were given the status of Group-IV employee with effect from 01.01.1990 vide departmental order no. 359 dated 17.01.1990 and it was decided 3 to grant them the benefits of Assured Career Progression, Travelling Allowance and Dearness Allowance. The Government of Jharkhand introduced the scheme of Assured Career Progression vide notification dated 14.08.2002 in terms whereof, if any employee who had not been promoted within a period of 12 years was to be granted one higher scale of pay and thereafter the benefit of second higher scale of pay was to be granted on attaining the service period of 24 years. The Central Government introduced the scheme of M.A.C.P which was implemented with effect from 01.09.2008 (wrongly written in the writ petition as 01.01.2009). The Government of Jharkhand adopted the said scheme with effect from 01.01.2009. As per the M.A.C.P scheme, government employee would be entitled for three financial upgradation on completion of 10 years, 20 years and 30 years of service, if he/she was not granted any regular promotion. The petitioners including the deceased husband of the petitioner no. 8 were neither granted any single regular promotion nor were granted any benefit of A.C.P/M.A.C.P during their entire service period. The process of granting A.C.P to the concerned Chowkidars/Dafadars working in the district of West Singhbhum, Chaibasa had started, however, the District Establishment Deputy Collector sought report to be submitted in duly filled up prescribed format regarding working Chowkidars/Dafadars in the circles for the said purpose and as such, the Circle Officers of Noamundi, Chakradharpur, Bandgaon, Sonua, Goilkera and Manoharpur were directed to send the said reports in duly filled up prescribed format vide letter no. 289 dated 04.07.2011. Thereafter, the aforesaid 4 Circle Officers were again directed to send the attested service book of the dead/retired/working ‘chowkidars’ for grant of A.C.P/M.A.C.P vide letter no. 414 dated 01.11.2017 and vide letter no. 55 dated 20.02.2023. However, the required duly filled up prescribed format as well as the attested service books of the petitioners were not sent due to which they were not granted the benefits of A.C.P/M.A.C.P scheme. In the meantime, the petitioners including the deceased husband of the petitioner no. 8 superannuated from service. After their superannuation, the pension of the petitioner nos. 4, 5 and 7 and family pension of the petitioner no. 8 have been fixed but on lower pay scale. The pension of the petitioner nos. 1, 2, 3 & 6 are yet to be fixed. Being aggrieved, the petitioners have approached this Court by filing the present writ petition. 4. Having heard learned counsel for the parties and considering the nature of prayer made by the petitioners in the present writ petition, without entering into the merit of the case, the petitioners are given liberty to prefer representation(s) before the respondent no. 3 – the Deputy Commissioner, West Singhbhum, Chaibasa on the present issue. On receipt of the said representation(s), the respondent no. 3, after calling for the relevant records from the concerned office, shall take an appropriate informed decision in accordance with law within 12 weeks from the date of filing of the representation(s). 5. The writ petition is accordingly disposed of with aforesaid liberty and direction. Manish (Rajesh Shankar, J.)