JHARKHAND HIGH COURT ISSUES ORDER ON AMRESH NARAYAN SINHA V/S STATE OF JHARKHAND AND ANR.

RANCHI, India, Dec. 31 -- Jharkhand High Court issued the following order on Dec. 1:

1. Heard the parties.

2. By filing the writ petition the petitioner has prayed for following reliefs: "for issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of mandamus, directing the respondents to grant the benefit of Modified Assured Career Progression with effect from 2008 and 2016 from the date, the juniors to the petitioner namely, Dr. Dev Prasad and Smt. Sumati Kujur have been granted first and second Modified Assured Career Progression in terms of the notification issued vide Memo No. 507 dated 30.04.2012, as contained in Annexure-2, and notification issued vide Memo No. 760 dated 22.07.2024 as contained in Annexure-3, in view of the decision rendered by the Hon'ble Supreme Court as well as the Hon'ble High Court as contained in Annexure-6, 7 and 8, will all consequential benefits."

3. It is the grievance of the petitioner that his juniors have been granted benefits of MACP but the petitioner has been left out.

4. He submits that he is entitled to get the benefit of MACP from the date his immediate junior has been granted MACP.

5. Learned counsel for the State submits that if the petitioner files detailed representation before the respondent no. 2-the Secretary/Principal Secretary, Agriculture, Animal Husbandry and Cooperative Department, his case will be considered and appropriate order will be passed. He submits that if it is found that the petitioner is entitled for the benefit as claimed, the same will be extended to the petitioner.

6. Considering the submission of the petitioner, I direct the petitioner to approach respondent no.2-the Secretary/Principal Secretary, Agriculture, Animal Husbandry and Cooperative Department and Cooperative within four weeks by filing a detailed representation, annexing the documents showing that the juniors have been granted benefit of MACP and the petitioner has been left out.

7. If it is found that the petitioner is entitled for the benefit, the case of the petitioner will be considered and if necessary be placed before a Committee which will decide the issue. If it is decided that the petitioner is entitled for the benefit, the same should be extended to petitioner along with the consequential benefits. If the claim of the petitioner is rejected for any reason, the reason thereof should be communicated to the petitioner within the aforesaid period.

8. It is expected that the entire process should be concluded within 12 weeks from the date of receipt of the copy of this order along with the detailed representation of the petitioner which should preferably be made within four weeks from the date of receipt of the copy of this order.

9. With the aforesaid observation and direction, this writ petition is disposed of.

Disclaimer: Curated by HT Syndication.