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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Diwakar Prasad Singh S/o late Surendra Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioners seek relief for acp benefits. (Para 2) |
| 2. arguments over acp eligibility across jurisdictions. (Para 3 , 4 , 12) |
| 3. history of grants and denials of acp benefits. (Para 6 , 8 , 10) |
| 4. legal standards for granting acp benefits. (Para 11 , 15) |
| 5. discussions on equal treatment of mining inspectors and junior engineers. (Para 14) |
| 6. court's directive to grant acp benefits. (Para 16 , 17) |
JUDGMENT :
ANANDA SEN, J.
By way of filing this writ petition, the petitioners have prayed for the following reliefs: -
i) For issuance of a writ(s)/ direction(s)/order(s) in the nature of mandamus upon the respondent authorities for quashing the office order as contained in letter No. 1665, (Annexure- 13) dated- 07.09.2016 issued by the Department of Industry, Mines and Geology, Government of Jharkhand.
ii) And for issuance of a writ(s)/direction(s)/order(s) in the nature of mandamus upon the respondent authorities for the grant of 1st & 2nd A.C.P. as has been granted to the Junior Engineers of Jharkhand by the Department of Finance, Government of Jharkhand as contained in the resolution memo No. 2422/F, dated 13.10.2005 and memo No.1746/F, dated-12.08.2011.
AND/OR
iii) For issuanc
The court upheld the entitlement of Mining Inspectors for Assured Career Progression benefits, emphasizing that arbitrary changes in pay scales were illegal and lacked justification.
Industry Extension Officers, as feeder cadre to Project Manager under Cadre Rules, entitled to 1st ACP in Rs.6500-10500 scale; order reducing to Rs.5500-9000 relying on deleted Finance Resolution cla....
The court ruled that employees who have not received promotions are entitled to ACP-II and MACP-III benefits, despite clarifications suggesting otherwise.
Employees completing 24 years service before 31.08.2008 entitled to 2nd ACP in GP Rs.2400/- in promotional hierarchy post pay merger, ignoring prior identical upgradations, followed by 3rd MACP in GP....
The court clarified that departmental examination requirements do not apply to ACP benefits under the applicable rules.
Retired employees entitled to second ACP in Rs.8000-13500 w.e.f. date of SSS cadre restructuring (12.02.2002) upon completing 24 years service, as non-functional scales ignored and benefits granted i....
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