Sukhdeo Prasad vs The State of Jharkhand and Others

Aparesh Kumar Singh, J.—Heard learned counsel for the parties. It is the case of the petitioner that he was initially appointed on temporary basis on 1st August, 1973 as Lower Division Clerk by the erstwhile State of Bihar. The services of the petitioner were confirmed w.e.f. 1st August, 1973 itself later on. He also passed Hindi, Noting and Drafting Examination in the year 1979 and also got benefit of 4th Pay Revision in the scale of Rs. 580-860/- After having worked all along under the Respondents-State in different settlement offices on the post of Munsarim he has retired on 28th February 2013.

According to the petitioner, he was granted 1st Time Bound Promotion w.e.f. 1st August, 1983 vide Memo dated 1st July, 1987 (Annexure-1) and the same was also confirmed from the same date. The petitioner thereafter has also been granted the benefit of 1st A.C.P. w.e.f. 9th August, 1999 in the pay scale of Rs. 45,00-7,000. He has also been granted 2nd A.C.P. in the pay scale of Rs. 5000-8000/-. These entries have also been made in the service book. The petitioner also availed 6th Pay Revision in the scale of Rs. 9300-34,800/-.

Now after retirement the petitioner has approached this Court for directing the respondents for granting him the benefits of Modified Assured Career Progression Scheme which he is entitled upon completion of 30 years of service. It is submitted that the records relating to the service book of the petitioner has been sent to the Revenue and Land Reforms Department for processing the claim. He also made representation before the Director, Land Reforms and Survey, respondent no. 3 through proper channel for grant of such benefit. Despite that and another representation made later on vide Annexure-4, the grievances of the petitioner have not yet been redressed. Therefore, the petitioner has been compelled to move this Court.

Learned counsel for the Respondents-State submits that in a matter relating to payment of such M.A.C.P. claim which depends on scrutiny of the service records of the petitioner, he may be directed to approach the respondent no. 3, Director, Land Reforms and Survey, Government of Jharkhand with a fresh representation for consideration of his aforesaid grievances which shall be looked into in accordance with law by the competent authority.

Having heard learned counsel for the parties, at this stage, without commenting anything on merits of the claim of the petitioner, the writ petition is disposed of with liberty to the petitioner to approach the respondent no. 3, Director, Land Reforms and Survey, Government of Jharkhand with fresh representation for consideration of his aforesaid grievances together with all supporting facts and documents within a period of 3 weeks. On receipt of such representation, the respondent no. 3, Director, Land Reforms and Survey, Government of Jharkhand shall consider the same in accordance with law and after due verification of the service records of the petitioner, pass a reasoned and speaking order within a period of 12 weeks thereafter, which shall also be communicated to the petitioner Needless to say that if the petitioner is found to be entitled to such benefits of M.A.C.P. the same shall be disbursed in his favour within a further period of 8 weeks thereafter. Accordingly, this writ application is disposed of in the aforesaid term.