The High Court of Jharkhand disposed of a writ petition seeking 3rd MACP. Without commenting on merits, it granted liberty to the petitioner to file a fresh representation with the Principal Secretary, who must decide within specified timelines.
Liberty to make fresh representation to Principal Secretary for 3rd MACP benefits.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 3076 of 2013
...
Birendra Kumar Thakur … …Petitioner
-V e r s u s-
The State of Jharkhand and Ors.
... ...Respondents
CORAM: - HON’BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : - M/s Saurav Arun For the Respondents : - JC to SC-I
....
02/03.03.2014
Heard counsel for the parties.
In the present case, the petitioner is seeking direction upon the respondents to grant him the benefit of 3rd MACP on completion of 30 years satisfactory service w.e.f. 01.02.2008.
According to the petitioner, he was appointed on 27.01.1978 and joined as such on 01.02.1978 as a Productivity Officer in the Labour Employment and Training Department as per Annexure-1, on being selected through BPSC. His services were confirmed on 29.01.1990 as per Annexure-2. According to the petitioner, he has received 1st and 2nd ACP w.e.f. 09.08.1999 and 01.02.2004 respectively vide letter dated 14.06.2008, Annexure-3. At the time of his superannuation on 31.07.2010, he was working as a Deputy Chief Inspector of Factory, Bokaro. Though he has made representation during his service career and thereafter for grant of such 3rd MACP as per Annexure-4 series, the respondents are yet to take any decision in the matter.
It is further submitted that the petitioner has faced no departmental or criminal proceeding till the date of his retirement. According to the petitioner, the respondents have, however, initiated a departmental proceeding under Rule 55 of Civil Services (Classification, Control and Appeal) Rules, 1930 vide letter dated 16.11.2010 after his retirement, which, however, cannot be a ground to withhold 3rd MACP of the petitioner.
Learned counsel for the respondent-State submits that no instruction has been received as yet in order to respond to the averments made by the petitioner on merit. However, if the petitioner approaches the respondent no. 2, the Principal Secretary, Department of Labour Employment and Training, Government of Jharkhand, his grievances can be looked into in
accordance with law.
Having regard to the aforesaid facts and circumstances, at this stage without commenting anything upon the merit of the case of the petitioner, the writ petition is being disposed of by giving liberty to the petitioner to make a fresh representation before the respondent no. 2, the Principal Secretary, Department of Labour Employment and Training, Government of Jharkhand duly supported with all necessary facts and documents for redressal of his grievances relating to grant of 3rd MACP within a period of three weeks. On receipt of such representation, the respondent no. 2, the Principal Secretary, Department of Labour Employment and Training, Government of Jharkhand shall consider the same in accordance with law and after due scrutiny of the relevant service records of the petitioner and the terms of MACP Scheme take a decision in that regard within a period of 12 weeks thereafter, which shall also be communicated to the petitioner.
Needless to say, if such claim of the petitioner is found to be admissible and genuine, benefits thereupon shall accrue to the petitioner within a reasonable time.
Accordingly, the writ petition is disposed of in the aforesaid manner.
(Aparesh Kumar Singh, J.)
Kamlesh/
1 issue framed by the court
Whether the petitioner is entitled to the benefit of the 3rd MACP upon completion of 30 years of satisfactory service.
Birendra Kumar Thakur
The State of Jharkhand and Others
Apareesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
