Bachdan Bara, Aged about 68 years, son of late Shri Kumar Bara, Resident of v. 1. State of Jharkhand. 2. Revenue, Registration and Land Reforms Department, Govt. of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6688 of 2023 Bachdan Bara, Aged about 68 years, son of late Shri Kumar Bara, Resident of Bharno, P.O. & P.S. Bharno, District-Gumla. … … Petitioner Versus 1. State of Jharkhand. 2. Revenue, Registration and Land Reforms Department, Govt. of Jharkhand Through its Secretary having his office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 3. Director, Land Records and Survey, Revenue, Registration and Land Reforms Department, Govt. of Jharkhand having office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 4. Settlement Officer, Ranchi having office at Deputy Para, P.O. G.P.O., P.S. Lalpur, District-Ranchi. 5. Assistant Settlement Officer, Head Quarter having office at Deputy Para, P.O. G.P.O., P.S. Lalpur, District-Ranchi. … … Respondents --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Respondents
Legal Reasoning
--- : Mr. Atanu Banerjee, Advocate : Mr. Rahul Basak, Advocate : Mr. Anshuman Kumar, AC to SC (L&C)-II --- 06/14.03.2024 Learned counsel for the parties are present. 2. This writ petition has been filed for the following reliefs: “(i) For issuance of an appropriate writ(s)/order(s)/direction(s) more particularly a writ of mandamus commanding upon the concerned respondents for confirmation of the First Time Bond Promotion granted to the petitioner during his service tenure in the year 1988 by an office order dated 16.03.1988 with effect from 01.11.1982. AND (ii) For issuance of an appropriate writ(s)/order(s)/direction(s) more particularly a writ of mandamus commanding upon the concerned respondents particularly the Respondent No. 3 and 4 to consider and grant the consequential monetary benefits of the 3rd Modified Assured Career Progression (MACP) to the petitioner and accordingly the pay/pension of the petitioner may kindly be re-fixed and revised and the arrears thereof may be released in favour of the petitioner. AND (iii) For issuance of an appropriate writ(s)/order(s)/direction(s) more particularly a writ of mandamus commanding upon the concerned respondents to not withhold and delay the 3rd Modified Assured Career Progression (MACP) to the petitioner due to non-confirmation of the 1st Assured Career Progression (ACP) given during his service tenure. Cancellation order of which has been quashed by order dated 29.09.2020 passed by Hon'ble Mr. Justice Deepak Roshan in W.P.(S) No. 873/2013 and Junior Selection Grade/1st Time Bond Promotion given to the petitioner during his service tenure long back in the year 1988 by the office order dated 16.03.1988 issued from the Land Record and Survey Directorate as the grant and continuance of the said Junior Selection Grade pay-scale promotion without withdrawal or recall of the same during service tenure of the petitioner implies deemed confirmation.” 2 3. Learned counsel for the petitioner has submitted that the 1st ACP granted to the petitioner way back in the year 2007 with effect from 09.08.1999 was cancelled vide office order dated 19.10.2012 issued under the signature of Deputy Secretary, Revenue and Land Reforms Department, Government of Jharkhand, Ranchi and an order for recovery of the amount paid pursuant thereto was also passed. The said order was subject matter of challenge in W.P.(S) No. 873 of 2013 and after granting opportunity to the respondents, who had filed the counter-affidavit in the said case, the order dated 19.10.2012 was set- aside and the present petitioner along with others were found entitled for all death-cum-retiral benefits on the last scale drawn taking into account the grant of benefit of 1st ACP on individual basis. 4. The learned counsel for the petitioner further submits that the petitioner is completely blind and he learnt that the petitioner was also entitled for 3rd MACP and therefore, the present writ petition was filed. 5. The learned counsel for the petitioner submits that a counter- affidavit has been filed in the present case dated 11.03.2024 taking a stand that the respondents are making certain enquiry regarding the clam of 1st ACP and consequently, the 3rd MACP will depend upon the completion of enquiry with regard to entitlement of 1st ACP. 6. The learned counsel submits that from the perusal of the stand taken by the respondents in the counter-affidavit, it is apparent that they are trying to reopen the issue which was settled vide order dated 29.09.2020 passed in W.P.(S) No. 873 of 2013. He submits that the petitioner has attained the age of superannuation way back as on 28.02.2015 and the attitude of the respondents is apparently a harassment to the petitioner and contemptuous in nature. 7. The learned counsel appearing on behalf of the respondents does not dispute that the order dated 29.09.2020 passed in W.P.(S) No. 873 of 2013 has attained finality. He submits that he has received instructions verbally that the respondents are ready to give the benefit to the petitioner pursuant to order dated 29.09.2020 passed in W.P.(S) No. 873 of 2013 and if the petitioner is found entitled for any further benefit under 3rd MACP, that can also be considered but the required decision has to be taken by the respondent no. 3. 3 8. After hearing the learned counsel for the parties and considering the materials on record, this Court is of the considered view that so far as the entitlement of the petitioner for 1st ACP with effect from 09.08.1999 is concerned, the same has attained finality in W.P.(S) No. 873 of 2013 and the respondents are not entitled to reopen the said issue by conducting any further enquiry. So far as the grant of 3rd MACP is concerned, the entitlement of the petitioner is certainly required to be considered by the respondent no. 3. 9. Accordingly, this writ petition is disposed of enabling the petitioner to approach the respondent no. 3 by filing a detailed representation along with the writ records within a period of one month from today. Upon filing of such representation, the respondent no. 3 shall ensure that the benefit conferred upon the petitioner by virtue of the 1st ACP is immediately remitted in the account of the petitioner within a period of two months from the date of the representation and so far as the entitlement of 3rd MACP is concerned, a reasoned order be passed after granting an opportunity of hearing to one authorized representative of the petitioner which may include the son of the petitioner, within a period of two months from the date of filing of the representation. The reasoned order be communicated to the petitioner through speed post. 10. If the petitioner is found entitled for any benefit arising out of 3rd MACP, appropriate steps be taken by the respondent no. 3 to ensure that the monetary benefit arising out of such reasoned order is also remitted to the petitioner within a period of two months from the
Decision
date of such reasoned order. 11. This writ petition is accordingly disposed of. 12. Pending interlocutory application, if any, is closed. Pankaj (Anubha Rawat Choudhary, J.)