Arun Kumar Thakur Vs State Of Jharkhand

Jharkhand High Court 30 Jul 2024 Writ Petition (S) No. 4240 Of 2024 (2024) 07 JH CK 0107
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition (S) No. 4240 Of 2024

Hon'ble Bench

Deepak Roshan, J

Advocates

P. P. N. Roy, Kavita Kumari, Lav Kr. Tiwary

Final Decision

Disposed Of

Judgement Text

Translate:

Deepak Roshan, J

1. The instant writ application has been preferred by the petitioner for the following reliefs:

“(i) To pay the amount of first Accelerated Career Progression (hereinafter referred to ACP) which was given to the Petitioner on 09.08.1999 i.e. the amount Rs.6500-10,500/- on the basis of the office order- 2071 dated 19.10.2005 issued by the Director of Agriculture, Jharkhand i.e. Annexure 1 of this petition and after the retirement of the Petitioner on 30.09.2013 from the post Block Agriculture Officer, (B.A.O) Seraiyahat, District Dumka, the aforesaid amount of first ACP was reduced to Rs.5,500-9000/- from Rs.6500-10,500/-, without giving any notice and hearing to the petitioner vide office order dated 22.01.2014 passed by the Secretary, Agriculture and Sugarcane Development Department i.e. Annexure 2 of this Petition.

(ii) Further direction may be issued to the respondents to grant the first ACP amount of Rs.6500-10,500/- and second ACP amount of Rs.10,000-15,200/-as the Petitioner had completed more than 24 years of satisfactory service and as such he is entitled to get the amount of second ACP also, in this regard, the petitioner had made representation to the Respondents on 1.07.2024 along with the enclosures but that representation is still pending before the Respondent no.2-Director of Agriculture, Jharkhand

(iii) Further direction to Respondent to consider the representation dated 1.07.2024 given to the Respondent No.2.-Director of Agriculture, Jharkhand, and to pay the amount of first ACP and second ACP which the Petitioner is legally entitled to

AND/OR pass such other relief or reliefs to which the Petitioner is legally entitled to get.”

2. Mr. P. P. N. Roy, learned senior counsel for the petitioner draws attention of this Court and submits that by virtue of Annexure-2 the amount of ACP/MACP benefits has been reduced. The said office order dated 22.01.2014 passed by the Agriculture and Sugarcane Development Department has been quashed by this Court as well as in LPA filed by the State and also the SLP preferred by the State has been dismissed. Under that circumstances, learned senior counsel submits that the respondents may be directed to recalculate the ACP/MACP benefits of the petitioner and pay the same to him as the ACP/MACP granted to the petitioner was subsequently reduced.

3. Learned counsel for the respondents submits that since counter affidavit has not been filed in this case as such the petitioner may be directed to file a representation giving details of the orders passed by the Hon’ble Courts along with relevant documents before the respondent no.2 who shall take a decision after consulting the other authorities.

4. Having regard to the aforesaid submission and looking to Annexure-2 as well as specific plea made in para no. 10 of the writ application the instant writ application is hereby disposed of by directing the petitioner to file a representation before the respondent no.2 along with all relevant documents/calculation/orders and judgments within a period of four weeks. If any such representation is preferred by the petitioner before the respondent no.2, he shall verify the documents after consultation with the other authorities and take a decision with regard to payment of 1st/2nd ACP to the petitioner which he was originally getting since 09.08.1999 (Annexure-1) and any financial benefit if found payable as per the decision shall be extended to the petitioner. It goes without saying that the entire exercise shall be completed within a period of four months from the date of receipt of such representation.

5. With the aforesaid observation, the instant writ application stands disposed of.

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