Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sri Ananda Sen, J
Akshaibat Prasad, son of late Shiv Charan Mahato – Appellant
Versus
State of Jharkhand, through the Secretary, Commercial Taxes, Government of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
In this writ petition, petitioner has prayed for mandamus upon the respondent-State to immediately confirm the service of the petitioner and consequently to make payment of 1st, 2nd and 3rd ACP/ MACP benefits especially taking into consideration that the petitioner has continuously served for more than 34 years without being granted single promotion.
2. The admitted fact of this case is that the petitioner was appointed as a Peon in the office of the Joint Commissioner, Commercial Tax Department, Ranchi and was posted in the Hazaribagh Circle, Hazaribagh under the then State of Bihar. After bifurcation of the State of Bihar, the service of the petitioner was taken over by the State of Jharkhand. The petitioner has worked as a LDC and superannuated on 31.07.2014. It is also an admitted fact that he is getting his pensionary benefit, but neither any promotion was given to the petitioner during his entire tenure of service nor he was granted the benefit of ACP/MACP. Claiming the said benefits, he had approach this Court.
3. It is the case of the petitioner that as his service was not confirmed by the Department, he has not been granted the benefit of ACP/MACP tho
Long-term service entitles an employee to confirmation and benefits, regardless of administrative hurdles.
The court held that long-serving employees are entitled to confirmation of service and benefits, rejecting the State's refusal as exploitative.
Rejection of ACP/MACP benefits invalid if based on missing employer-maintained records like service book, ACR, or unverified service periods not attributable to employee; employer must regularize ser....
The court ruled that entitlements must be based on the original appointment date, not a subsequent reappointment, reinforcing court orders for reinstatement.
An employee's entitlement to ACP cannot be negated by a subsequent integrity report; assessments must consider records up to the completion of the stipulated service duration.
The main legal point established in the judgment is that the regular service for the purpose of ACP benefits should commence from the date of absorption, as per the MACP Scheme.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
