Rahul Raman vs State of Jharkhand And Ors

The writ petition has been for issuance of direction upon the State-respondent to disburse the benefit of up-gradation in pay-scale under the Modified Career Progression Scheme (MACP).

Learned counsel for the petitioner submits that the employee while in service, was entitled to get the benefit of up-gradation in pay scale under the Modified Career Progression Scheme. He has been found to be eligible to get the aforesaid benefit but due to pendency of departmental proceeding in course of his service and after retirement, its conversion to the proceeding under the provision of Rule-43(B) of the Jharkhand Pension Rule the aforesaid benefit of upgradation, has not been extended in his favour.

The petitioner thereafter has died.

It has been submitted that the wife of the employee is also no more and this writ petition has been preferred by the son of the petitioner for getting the benefit of difference of arrears of salary and other consequential benefits. The ground has been taken that since the employee has died therefore the proceeding under Section 43(B) of the Jharkhand Pension Rule will stand abated and hence on the ground upon which the benefit has been withheld the aforesaid benefit cannot be said to be in existence hence the authority is required to take a decision for disbursement of monetary.

Mr. Atanu Banarjee learned G.A., in all fairness, has submitted that so far as the legal position is concerned that after death of an employee the departmental proceeding if initiated either under provision of Rule-55 of Civil Services Classification Control and Appeal Rule or under provision of Rule 43(B) of Jharkhand Pension Rule will stand abated therefore the matter may be remitted before the competent authority for its consideration.

Heard learned counsel for the parties and after appreciating their rival submissions it is apparent that the deceased employee has not been paid benefit of up-gradation under the Modified Assured Career Scheme. The deceased in the meanwhile has died therefore the proceeding initiated in the provision of Rule 55 of CCS Rules had been converted to the provision of Rule 43(B) of the Jharkhand Pension Rule but when it was pending the said deceased employee has died.

The grievance has been raised by the petitioner who is the son of the deceased employee, since the wife of the deceased employee is also no more and the death of the employee in course of pendency of the departmental proceeding either under Rule-55 of the CCL rules or under 43(B) of the Pension Rule the authority cannot withheld any monetary benefit. The matter is required to be considered so far as the last disbursement of benefit under the MACP Prograssion is concerned. Accordingly, the consent of the parties, more particularly, the submission of learned G.A., the writ petition is disposed of directing the Principal Secretary, Human Resource Department, respondent no. 2, to place the matter of the petitioner pertaining to disbursement of the benefit under Modified Assured Career Progression Scheme before the Screening Committee within a period of three weeks from the date of receipt of copy of the order.

Respondent no.2 - Principal Secretary, Water Resource Department is directed to take decision on the basis of the report of Screening Committee within a period of three weeks thereafter. The petitioner is directed to communicate before the respondent no. 2 within a period of two weeks from the date of receipt of copy of the order.

This writ petition is accordingly, disposed of.