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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Binay Kumar Thakur, son of Late Yasodhar Thakur – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition for acp/macp benefits rejected for missing records (Para 1 , 2 , 3) |
| 2. employer cannot deny benefits for self-caused record deficiencies (Para 4) |
| 3. rejection quashed; remand to grant acp and refix pay (Para 5 , 6 , 7) |
JUDGMENT :
SRI ANANDA SEN, J.
1. By filing this writ petition, the petitioner has prayed for the following reliefs:-
“for issuance of appropriate writ’s, order/s, direction/s for direction upon the respondents to pay benefit of 1st, 2nd & 3rd A.C.P./M.A.C.P. and also grant promotional benefits to the post of Assistant Settlement Officer/Circle Officer in view of Notification issued by Personnel, Administrative Reforms and Rajbhasha Department and revise the pension after giving benefit of A.C.P./M.A.C.P. and promotional benefits with statutory interest.
AND/OR Further for issuance of a writ in the nature of writ of certiorari quashing the letter no. 2884 dated 18.8.2021 (Annexure-3) whereby the petitioner has been communicated that his claim for grant of ACP/MACP has been rejected on the ground of non- availability of service book, non-verification of service from 1.10.2005 to 30.4.2006 and from 1.3.2015 to 28.2.2017 and non-availability of ACR f
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....
Long-term service entitles an employee to confirmation and benefits, regardless of administrative hurdles.
The court held that long-serving employees are entitled to confirmation of service and benefits, rejecting the State's refusal as exploitative.
Promotion by clearing departmental examinations cannot be considered for ACP/MACP calculations under the applicable career progression schemes.
The passing of Department Examination is a condition precedent for the grant of MACP benefits, and any order with civil consequences cannot be passed without adhering to the principles of natural jus....
Retired personnel must seek eligibility recognition for ACP/MACP benefits from the competent authority before any claims can be considered.
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