JHARKHAND HIGH COURT ISSUES ORDER ON NARESH RAM V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, March 4 -- Jharkhand High Court issued the following order on Jan. 3:

1. Heard, learned counsel for the parties.

2. In this writ petition, petitioner has prayed for mandamus upon the respondent-State to immediately confirm the service of the petitioner and consequently to make payment of 1st, 2nd and 3rd ACP/MACP benefits especially taking into consideration that the petitioner has continuously served for more than 37 years without being promoted ever for a single occasion.

3. The admitted fact of this case is that the petitioner was appointed as a Peon in the department of Commercial Taxes and was posted in Jamshedpur Division under the then State of Bihar. After bifurcation of the State of Bihar, the service of the petitioner was taken over by the State of Jharkhand. The petitioner has worked as a Peon and superannuated on 31.01.2017. It is also an admitted fact that he is getting his pensionary benefit, but neither any promotion was given to the petitioner during his entire tenure of service nor he was granted the benefit of ACP/MACP. Claiming the said benefits, he had approach this, Court.

4. It is the case of the petitioner that as his service was not confirmed by the Department, thus he has not been granted the benefit of ACP/MACP though, he has rendered continuous service for 37 years in the Department before his superannuation.

5. Learned counsel for the respondents submits that the service of the petitioner has not yet been confirmed and without confirmation of service, the petitioner is not entitled for ACP/MACP benefit. It has been further submitted that there was no sanctioned post, when petitioner was appointed. The fact that the petitioner had worked of 37 years and had superannuated from the department and that he is receiving the pensionary benefits, has not been denied by the State. His appointment is also not denied.

6. The aforesaid admitted facts of the case reflect the highest degree of exploitation by the State. After taking service from a Peon for 37 years and after his superannuation, the State's plea that the service of this petitioner cannot be confirmed, is atrocious. This attitude is unbecoming of a model employer, which is unexpected from the State. Once when the employee has worked for 37 years and has superannuated and is receiving pension, the respondents cannot take a plea that his service cannot be confirmed, nor can deprive him of the benefits of ACP/MACP. The stand taken by the State Officials is deprecated.

7. Thus, a mandamus is issued to the State of Jharkhand and the Chief Secretary, Government of Jharkhand is directed to take appropriate step to immediately confirm the service of the petitioner and grant him the benefit of ACP/MACP and revise the pension accordingly. The entire process should be completed within a period of eight weeks from the date of receipt a copy of this order.

8. Accordingly, the writ petition stands disposed of.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv29omVtBI%2FjpRg99gSBEbKoIf0mi4coYlt75gLq%2F9OEH&caseno=WPC/472/2026&cCode=1&cino=JHHC010023062026&state_code=7&appFlag=)

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