Long-term service entitles an employee to confirmation and benefits, regardless of administrative hurdles.

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 though, he has rendered continuous service for 34 years in the Department before his superannuation.

4. The counter affidavit has been filed by the State and the defence has been taken by the respondents that the service of the petitioner has not yet been confirmed and without confirmation of service, the petitioner is not entitled for ACP/MACP benefit. It has been submitted that there was no sanctioned post, when petitioner was appointed. The fact that the petitioner had worked of 34 years and superannuated from the department and that he is receiving the pensionary benefits, has not been denied by the State. His appointment is also not denied.

5. The aforesaid admitted facts of the case reflects the highest degree of exploitation by the State. After taking service from a LDC for 34 years and after his superannuation, the State’s plea that the service of this petitioner cannot be confirmed, is atrocious. This attitude is unbecoming of a model employer, which is unexpected from the State. Once when the employee has worked for 34 years, has superannuated and is receiving pension the respondents cannot take a plea that his service cannot be confirmed, to deprive him of the benefits of ACP/MACP. The stand taken by the State Officials is deprecated.

6. Thus, a mandamus is issued upon the State of Jharkhand and the Chief Secretary, Government of Jharkhand is directed to take appropriate step to immediately confirm the service of the petitioner and grant him the benefit of ACP/MACP and revise the pension accordingly. The entire process should be completed within a period of eight weeks from the date of receipt a copy of this order.

7. Accordingly, the writ petition stands allowed.