IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 314 of 2024 -----

1. The State of Jharkhand through the Secretary/Principal Secretary, Department of Minor Irrigation having its office at Nepal House, Doranda, P.O & P.S: Doranda, Town and District: Ranchi.

2. The Chief Engineer, Minor Irrigation Department, Ranchi Zone, having office at Engineer's Bhawan, Dhurwa, P.O & P.S: Dhurwa, Town and District: Ranchi.

3. The Superintending Engineer, Minor Irrigation Circle, Hazaribagh having its office at P.O, P.S & District:Hazaribagh.

… … … Appellants Versus

1. Somnath Ojha, aged about 71 years, son of: Late Shiv Nath Ojha, resident of Village-Rampur Atrauli, P.O & P.S: Ishuaur, District:

Saran (Bihar). … … …Writ petitioner/Respondent

2. The Accountant General (A&E), Jharkhand, having its office at Doranda, P.O & P.S: Doranda, Town and District: Ranchi.

… … … Respondents -------

CORAM:HON’BLEMR. JUSTICESUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI -------

For the Appellants : Mr.Ravi Prakash Mishra, A.C. to A.A.G.-II For the Resp. No.1 : Mr.Mr. Manoj Tandon, Advocate : Ms. Neha Bhardwaj, Advocate : Ms. Akanksha Priya, Advocate : Mr. Karamjit S. Chhabra, Advocate : Mr. Ritwik Raj, Advocate For the Resp. No. 2 : Ms. Suman Roy, Advocate ------

Order No.13/Dated 05th December, 2025 Caveat Case No. 199 of 2024

1. The instant Caveat Case being Caveat Case No. 199 of 2024 has been filed to caveat in the proceeding since has served its purpose, since, the appearance has been made by respondent – writ petitioner on being noticed by this Court vide order dated 26.09.2024, where in appellant was directed to serve the papers to the learned counsel for the caveator.

2. Accordingly, the instant caveat is being discharged.

L.P.A. No. 314 of 2024

3. The instant appeal has been filed under Clause 10 of the Letters Patent Appeal and is directed against the order/judgment dated 15.01.2024, passed by the learned Single Judge of this Court in W.P.(S) No. 5307 of 2022, by which the claim of the writ petitioner for upgradation under the ACP/MACP was allowed by quashing the order contained in Memo No. 386 dated 12.05.2022.

4. The brief facts of the case as per the pleadings made in the writ petition as has been incorporated in the impugned judgment as also inserted in the memo of appeal are being referred herein: -

The petitioner was initially appointed as a Typist on work charge on 19.11.1979 and regularized on 04.04.1980. On 01.04.1981, the posts of Typist and Correspondence Clerk were unified by the Government of Bihar, and pursuant to Memo No. 2470 dated 10.12.1981 issued by the Superintending Engineer, Minor Irrigation, Muzaffarpur Circle, he was ordered to work as a Correspondence Clerk. He discharged duties in this post across various Minor Irrigation circles in Bihar, and after the state bifurcation, his services came under Jharkhand. He was transferred to Minor Irrigation Circle, Hazaribagh vide Memo No. 3015 dated 12.12.2002, and joined on 03.02.2003 and serving until retirement on 31.12.2011.

The petitioner qualified the Hindi Noting and Drafting Examination, confirmed by the Joint Secretary, Raj Bhasha Department, on 21.09.1981. He received the 1st ACP after 12 years, confirmed vide Memo No. 6(A)-2/2009 1772 dated 26.08.2009, and subsequent 2nd ACP and 3rd MACP benefits after 24 and 30 years of service, confirmed by Memo No. 80-49/2010 3175/ACP dated 12.07.2010 (effective 19.11.2003) and Memo No. 80-58/2010 IX

497/ACP dated 15.02.2011 (effective 29.11.2009).

Despite this, the petitioner’s monetary benefits under the 6th Pay Revision since 01.01.2006 were not paid, though his salary had been fixed under the 6th Pay Commission as per Memo No. 660A dated 28.02.2009. The petitioner represented to the Superintending Engineer, Minor Irrigation, Hazaribagh, highlighting that he had passed the departmental examination in 2008, which was required for pay fixation post-5th Pay Revision. No departmental proceedings were ever initiated against him during or after h