RANCHI, India, Jan. 6 -- Jharkhand High Court issued the following order on Dec. 5:

1. The instant Caveat Case being Caveat Case No. 199 of 2024 has been filed to caveat in the proceeding since has served its purpose, since, the appearance has been made by respondent - writ petitioner on being noticed by this Court vide order dated 26.09.2024, where in appellant was directed to serve the papers to the learned counsel for the caveator.

2. Accordingly, the instant caveat is being discharged. L.P.A. No. 314 of 2024

3. The instant appeal has been filed under Clause 10 of the Letters Patent Appeal and is directed against the order/judgment dated 15.01.2024, passed by the learned Single Judge of this Court in W.P.(S) No. 5307 of 2022, by which the claim of the writ petitioner for upgradation under the ACP/MACP was allowed by quashing the order contained in Memo No. 386 dated 12.05.2022.

4. The brief facts of the case as per the pleadings made in the writ petition as has been incorporated in the impugned judgment as also inserted in the memo of appeal are being referred herein:

The petitioner was initially appointed as a Typist on work charge on 19.11.1979 and regularized on 04.04.1980. On 01.04.1981, the posts of Typist and Correspondence Clerk were unified by the Government of Bihar, and pursuant to Memo No. 2470 dated 10.12.1981 issued by the Superintending Engineer, Minor Irrigation, Muzaffarpur Circle, he was ordered to work as a Correspondence Clerk. He discharged duties in this post across various Minor Irrigation circles in Bihar, and after the state bifurcation, his services came under Jharkhand. He was transferred to Minor Irrigation Circle, Hazaribagh vide Memo No. 3015 dated 12.12.2002, and joined on 03.02.2003 and serving until retirement on 31.12.2011.

The petitioner qualified the Hindi Noting and Drafting Examination, confirmed by the Joint Secretary, Raj Bhasha Department, on 21.09.1981. He received the 1st ACP after 12 years, confirmed vide Memo No. 6(A)-2/2009 1772 dated 26.08.2009, and subsequent 2nd ACP and 3rd MACP benefits after 24 and 30 years of service, confirmed by Memo No. 80-49/2010 3175/ACP dated 12.07.2010 (effective 19.11.2003) and Memo No. 80-58/2010 IX 497/ACP dated 15.02.2011 (effective 29.11.2009).

Despite this, the petitioner's monetary benefits under the 6th Pay Revision since 01.01.2006 were not paid, though his salary had been fixed under the 6th Pay Commission as per Memo No. 660A dated 28.02.2009. The petitioner represented to the Superintending Engineer, Minor Irrigation, Hazaribagh, highlighting that he had passed the departmental examination in 2008, which was required for pay fixation post-5th Pay Revision. No departmental proceedings were ever initiated against him during or after his service, and he had not engaged in any misrepresentation or fraud.

When the post retiral benefit were not paid to the petitioner, then the petitioner preferred a writ petition being W.P.S No. 5082/2012, and the Hon'ble Court, in its order dated 21.09.2012, directed the respondents to consider his case and release his monetary benefits. His last pay was Rs. 23,000/- as on 01.07.2011, duly recorded in Letter No. 1217 dated 26.07.2012. However, the respondents issued Orders Nos. 1650, 1651, 1652 and 1653 dated 10.11.2012 by which pay of petitioner was reduced to Rs. 20,510/-.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqBFchg1Cd9pcw6qYem%2BKUqfd0%2BlTTX8tTJCxwCzr%2BKwQ&caseno=LPA/314/2024&cCode=1&cino=JHHC010166892024&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.