Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SRI ANANDA SEN, J
Rajeshwar Singh, S/o Late Ram Bhagat Singh – Appellant
Versus
The State Of Jharkhand, – Respondent
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 p
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.
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
