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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Dr. Justice S. N. Pathak, J
Shankar Prasad Keshari, S/o Late Sukhdeo Prasad – Appellant
Versus
Suman Jee, S/o Late Jai Prakash Prasad – Respondent
JUDGMENT :
S. N. PATHAK, J.
Heard the parties.
2. Pursuant to the order dated 10.01.2025, Kripa Nand Jha, Principal Secretary, Transport Department, Government of Jharkhand was present at 10:30 in the morning along with a copy of the affidavit. The Principal Secretary, Transport Department, Government of Jharkhand very candidly submitted that employees of the Transport Department who are admittedly Government servants, are getting pay and other emoluments at par with the other Government servants in the State of Jharkhand, are also entitled for all the consequential benefits but from the date of their absorption i.e., 01.07.2004. It was further submitted by the Principal Secretary that the petitioners shall also be extended all the benefits as per their entitlements. He further submitted that they are in the process of compliance of order of the Court and in view of order and direction of this Court, the affidavit is ready and crave leave to file the same. The Principal Secretary further prayed for leave of the Court after filing of the affidavit in view of personal involvement in other matters of the Government.
3. In view of fair submission on behalf of Principal Secretary, Transpor
Government employees absorbed after 2004 are entitled to pension and benefits without cut-off dates, ensuring compliance with prior court orders.
Past services rendered by employees as Paid Managers must be recognized for pension and ACP/MACP benefits post-absorption into government service.
All absorbed employees are entitled to pension from the date of absorption, while service rendered prior to that is not counted towards qualifying service.
Financial benefits under the ACP Scheme must be given from the date the government employee becomes entitled, irrespective of any vacancy occurring in the past. Allegations of misconduct must be supp....
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
The court held that long-serving employees are entitled to confirmation of service and benefits, rejecting the State's refusal as exploitative.
No resolution of the Board which confirms and adopts the JKSPDCL Employees Pension Rules or the JKSPDCL Group Superannuation Scheme. In the absence of it, the writ court is not justified in directing....
The main legal point established in the judgment is that ex-employees, initially government servants, are entitled to pensionary and retiral benefits as government servants, in accordance with releva....
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