Extraordinary leave/leave without pay not break in service for ACP/MACP absent specific rule; post-judicial directive denial on new unproven allegations without proceedings is mala fide and invalid.

JUDGMENT :

DEEPAK ROSHAN, J.

Heard learned counsel for the parties.

2. The instant writ application has been preferred for following reliefs:

i. For issuance of an appropriate writ (s), order (s), rule (s), direction (s) or writ in the nature of certiorari for quashing the Office Order No. 50 dated 19/11/2018 bearing Memo No. 2415 dated 19/11/2018 (Annexure-7 to the writ application) whereby and where under the Regional Chief Conservator of Forest, Ranchi, Respondent No 3 while deciding the claim of the Petitioner in the light of direction given by the Hon'ble Court passed in W. P. (S) No. 4849/2013 dated 13/08/2018 has rejected the claim of the Petitioner in erroneous ground although the Petitioner is first entitled for fixation of pay scale equivalent Forester in the scale of Rs580-860 with effect from 18/07/1987 i.e. from the date of appointment/joining like Md. Ali Raza and accordingly Petitioner is entitled for 1 A.C.P. in the scale of Rs5500-9000/- with effect from 09/08/1999 on account of completion of 12 years of service under A.C.P. Resolution Memo NO. 2446 dated 17/11/2012) Annexure-11) issued under the signature of the Principal Secretary Finance Department, Government of Jharkhand, Ranchi and revised pay scale Rs. 6500-10500 with effect from 15/11/2000 and Petitioner is also entitled for 2 M.A.C.P. in the pay scale Rs.9300-34800/-with Grade Pay Rs. 4600 with effect from 01/09/2008 on account of completion of 20 years of service and further entitled for 3 M.A.C.P. in the grade pay Rs. 4800/- with effect from 18/07/2017 on completion of 30 years of service under M.A.C.P. Resolution Memo No. 2981 01/09/2009 (Аплexure-12) issued under the signature of the Principal Secretary, Finance Department, Government of Jharkhand, Ranchi. dated

ii. For quashing the Office Order No. 45 dated 25/09/2020 corresponding to Memo No. 1890 dated 25/09/2020 (Annexure-9 to this writ petition) whereby and whereunder the Respondent No. 3 arbitrarily and erroneously reject the claim of the Petitioner and not fixed the pay scale of the Petitioner like Md. Ali Raza & others, although the Petitioner is entitle for fixation of pay scale equivalent Forester in the scale of Rs580-860 with effect from 18/07/1987 Le from the date of appointment/joining like All Raza & others.

iii. Petitioner prays for a direction in the nature of Mandamus and directing the Respondents to fix the Petitioner's pay scale equivalent Forester in the scale of Rs580-860 with effect from 18/07/1987 i.e. from the date of appointment/joining like Md. Ali Raza & others and accordingly to grant Petitioner's 1" A.C.P. in the scale of Rs5500- 9000/- with effect from 09/08/1999 on account of completion of 12 years of service under A.C.P. Resolution Memo NO. 2446. dated 17/11/2012 (Annexure-11) issued under the signature of the Principal Secretary, Finance Department, Government of Jharkhand, Ranchi and revised pay scale Rs. 6500-10500 with effect from 15/11/2000 and to grant 2nd M.A.C.P. in the pay scale Rs. 9300-34800/-with Grade Pay Rs. 4600 with effect from 01/09/2008 on account of completion of 20 years of service and further to grant 3 M.A.C.P. in the grade pay Rs. 4800/- with effect from 18/07/2017 on completion of 30 years of service under M.A.C.P. Resolution Memo No. 2981, dated 01/09/2009 (Annexure-12) issued under the signature of the Principal Secretary, Finance Department, Government of Jharkhand Ranchi and accordingly other subsequent benefits, which the Petitioner is legally entitled to.”

3. Earlier the Petitioner had moved before this Court with a prayer for quashing the order pass