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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Dilip Kumar Sinha, son of Lt. Harihar Prasad – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. writs seek quashing of acp reduction and confirmation of benefits. (Para 1 , 2 , 3) |
| 2. provisional acp granted to ieos; 2012 order imposes recovery. (Para 4 , 5) |
| 3. dispute over ieo cadre status and acp pay scale. (Para 6 , 7) |
| 4. order invalid: relies on deleted clause; govt inconsistent on hierarchy. (Para 8 , 9 , 10) |
| 5. rules and sc confirm ieos' feeder post to project manager. (Para 11 , 12 , 13) |
| 6. acp prevents stagnation via financial upgradation without promotion. (Para 14) |
| 7. quash orders; grant acp scale, arrears, and benefits. (Para 15 , 16) |
JUDGMENT :
Deepak Roshan, J.
Since common issue is involved in both these writ petitions; as such, both were heard together and being disposed of by this common judgment.
2. In W.P.(S) No. 5216 of 2012 the petitioners have made the following prayers:
“i) Quashing the office order dated 14-06-2012 issued by the Director Industries, Jharkhand, Ranchi in terms of which the order no. 964 dated 09-04-2006 and order no. 1625 dated 17-07-2006 and order no. 88 dated 15-01-2007 has been modified and the benefit of A.C.P. granted to Industries Extension Officers by placing them in pay scale of 6500-10500 has been reduced to pay scale of
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....
Authorities have discretion to correct financial discrepancies in pay, yet wrongful promotions may negate claims for additional benefits like A.C.P. confirmations.
ACP financial upgradation follows existing post hierarchy on eligibility date; retrospective recruitment rules cannot deny vested rights without justification, ensuring parity with similarly placed e....
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....
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.
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.
Erroneous ACP financial up-gradation can be withdrawn upon pay scale revision confirming substantive promotion from LDC to Junior Accountant.
Cadre restructuring placement of Highly Skilled Workers from GP Rs.2400 to Rs.2800 held as fitment, not promotion; entitles MACP upgradation to GP Rs.4200; parity mandated for similarly situated empl....
The main legal point established in the judgment is that pay scale rationalization should be ignored for the purpose of the first financial upgradation under the ACP Scheme, based on the application ....
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