Manoj Kumar Sinha vs State Of Jharkhand And Ors

Heard learned counsel for the parties through V.C.

The petitioner has preferred the instant writ application praying for following reliefs;

(a). To allow the 1st Time Bound Promotion to the petitioner in the appropriate Scale of Pay with effect from 08.06.1992 and to pay the arrears of his salary from 08.06.1992 to 31.12.1995 with consequential benefits thereof;

(b). To allow the replacement Scale of pay of Rs. 8000-13500 in place of Rs. 6500-10500 to the petitioner with effect from 09.08.1999/15.11.2000 on account of the 1st Financial up-gradation already allowed under the A.C.P Scheme with consequential benefits thereof including the Grade Pay of Rs. 5400/- with effect from 01.01.2006;

(c). To allow the 2nd financial up gradation under the ACP Scheme with effect from 08.06.2006 on completion of 24 years of service in the scale of pay of Rs.10000-15200 [unrevised] with consequential benefits thereof;

(d). To consider the case of the petitioner for his regular promotion to the sanction and vacant higher posts in the Department of Agriculture and Sugarcane Development from the appropriate date/date of creation of vacancy for the General /Unreserved quota and to promote him to the higher posts with consequential benefits thereof;

(e).To pay the arrears of salary of the petitioner with effect from 01.09.2008 by taking into account the Grade Pay of Rs.4600/-allowed by the Government of Jharkhand;

(f). To revise the pensionary and retiral dues of the petitioner by taking into account his last emoluments admissible to him and also to pay the arrears of his pensionary and retiral dues on this account;

(g).To pay the statutory and penal interest to the petitioner on his aforesaid arrears from the date it became due till the date the same are paid to him because these normal benefits of service have not been allowed to him in time and he has been deprived from the same till date for no fault on his part;

(h). To pay the cost of litigation for unnecessarily depriving the petitioner from his aforesaid legitimate and bona-fide service rights;

Thereafter alternatively, the petitioner has prayed that the respondents be directed to consider and dispose of the representation which was filed way back in the year, 2012 is annexed as Annexure-6 to the writ application within the stipulated period.

Learned counsel for the petitioner submits that a writ application was filed by similarly situated persons for similar reliefs and the same has been allowed in their favor. As such, his claim may be decided as per the decision passed by this Court. He further submits that the respondents are duty bound to dispose of the representation which is pending since long as such, the respondents may be directed to consider his claim in accordance with law laid down by this Court in the case of Ambika Prasad & Ors Vs. State of Jharkhand & Ors (W.P.(S) No. 889 of 2014).

A counter affidavit has already been filed in this case stating inter alia that the petitioner has been granted 1st upgraded scale of Rs. 6500-10500/- under the ACP Scheme with effect from 09.08.1999. Paragraph 9 of the counter-affidavit states that the Government of Jharkhand had decided to grant three financial upgraded scale to its employees in accordance with Central Government employees under the modified assured career progression scheme (MACP) w.e.f 01.09.2008.

Learned counsel for the State submits that the petitioner has already been granted 1st upgraded scale under the ACP scheme w.e.f 09.08.1999 which is equivalent to the pay scale of the cadre promotion and the 2nd upgraded scale under MACP Scheme is due to the petitioner which is pending for decision.

After going through the records of the case it appears that the counter affidavit has been filed way back in the year, 2013 and much water has been flown thereafter, as such, seeing the alternative prayer of the petitioner, I hereby direct the petitioner to file a fresh representation raising his present grievances before the respondent No.2-The Director of Agriculture, Jharkhand. If any such representation is filed then the respondent No.2 is directed to pass a reasoned order within a period of 12 weeks from the date of receipt of such representation. If any amount is found to be payable to the petitioner then the same shall be paid within a further period of eight weeks along with the statutory interest.

With the aforesaid directions the instant writ application is disposed of.