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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, J.
Rajeshwar Singh, S/o Late Ram Bhagat Singh and Ors. – Petitioners
Versus
The State of Jharkhand, through the Secretary, Commercial Tax Department, Government of Jharkhand and Ors. – Respondents
W.P.(S) No. 6198 of 2022
Decided On : 23-01-2025
(A) Service Law - Mandamus - The petitioners, having served for over three decades without promotion or ACP/MACP benefits, sought confirmation of service and payment of benefits. The State's refusal to confirm service despite the petitioners' long tenure was deemed exploitative and unacceptable. (Paras 1-6)
(B) Employment Rights - The court emphasized that once an employee has served for a significant duration and is receiving pension, the denial of service confirmation to deprive them of benefits is unjust. (Paras 5-6)
Facts of the case:
The petitioners were appointed as Peons and superannuated without receiving promotions or ACP/MACP benefits, despite continuous service.
Findings of Court:
The court directed the State to confirm the petitioners' service and grant ACP/MACP benefits within eight weeks.
Issues: The main issue was whether the petitioners were entitled to confirmation of service and ACP/MACP benefits after long service.
Ratio Decidendi: The court ruled that the State's refusal to confirm service after decades of employment was exploitative and contrary to the principles of fair employment.
Result: Writ petition allowed.
JUDGMENT :
(ANANDA SEN, J.)
In this writ petition, petitioners have prayed for mandamus upon the respondent-State to immediately confirm the service of the petitioners and consequently to make payment of 1st, 2nd and 3rd ACP/ MACP benefits especially taking into consideration that the petitioners have continuously served for more than three decades, without being granted single promotion.
2. The admitted fact of this case is that the petitioners were appointed as Peon in the department of Joint Commissioner, Commercial Tax (administration) and was posted in the Ranchi Division, Ranchi under the then State of Bihar. After bifurcation of the State of Bihar, the service of the petitioners was taken over by the State of Jharkhand. The petitioners have worked as Peon and superannuated on 31.03.2021, 31.08.2018, 31.03.2013, 31.08.2013, 31.01.2014 and 31.12.2020 respectively in Ranchi Division. It is also an admitted fact that they were getting their pensionary benefits, but neither any promotion was given to the petitioners during their entire tenure of service nor they were granted the benefits of ACP/MACP. Claiming the said benefits, they had approach this Court.
3. It is the case of the petitioners that as their services was not confirmed by the Department, they have not been granted the benefit of ACP/MACP though, they have rendered continuous service for more than three decades in the Department before their 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 petitioners has not yet been confirmed and without confirmation of service, the petitioners are not entitled for ACP/MACP benefit. It has been submitted that there was no sanctioned post, when petitioners were appointed. The fact that the petitioners had worked of more than three decades and superannuated from the department and that they are receiving the pensionary benefits, have not been denied by the State. Their 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 Peons for more than three decades and after their superannuation, the State’s plea that the services of these petitioners 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 more than three decades, 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 petitioners and grant them the benefits 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.
The court held that long-serving employees are entitled to confirmation of service and benefits, rejecting the State's refusal as exploitative.
Long-term service entitles an employee to confirmation and benefits, regardless of administrative hurdles.
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 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 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.
Past services rendered by employees as Paid Managers must be recognized for pension and ACP/MACP benefits post-absorption into government service.
Government employees absorbed after 2004 are entitled to pension and benefits without cut-off dates, ensuring compliance with prior court orders.
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