Dismissed¶¶21

The State of Jharkhand through the Secretary/Principal Secretary Road Construction Deptt v. Ram Chandra Diwakar

Jharkhand HC12 Jan 2024LPA/603/2023

Case brief

AI extract

What is this about?

Jharkhand High Court LPA 603/2023 dismissed 12-01-2024 (Shree Chandrashekhar ACJ, Anubha Rawat Choudhary J): 2nd ACP back-dating dispute; financial benefits run from eligibility date (20-12-2006) despite later penalty order (24-05-2008) and Finance Dept-driven office order 168 of 22-10-2014 shifting ACP to 01-04-2008; writ Court's refusal of approval upheld; State appellants v. Ram Chandra Diwakar.

What did the court decide?

None to the appellants; the writ Court's order dated 02 May 2023 stands undisturbed. ¶¶21

The State of Jharkhand through the Secretary/Principal Secretary Road Construction Deptt Vs Ram Chandra Diwakar — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

None to the appellants; the writ Court's order dated 02 May 2023 stands undisturbed.

¶¶21

Issue for consideration

Whether the writ Court's order dated 02 May 2023, which did not approve office order no. 168 dated 22 October 2014 shifting the respondent's date of 2nd ACP, should stand against the State's challenge. +1 more

¶¶15

Court's answer

The appellate court sees no reason to interfere with the writ Court's order dated 02nd May 2023, and dismisses LPA No. 603 of 2023.

¶¶21

Ratio / Principle

Service-linked financial benefits to a government employee are granted from the date he becomes eligible for them; notwithstanding any delay in holding a meeting by the department, the claim shall be granted from that date, and such benefits can be given from a back date.

¶¶20

Key takeaways

As on his eligibility date of 20th December 2006 the respondent had suffered no disability for losing the benefit of 2nd ACP (he was not found guilty in a departmental proceeding as on that date); the subsequent penalty order of 24th May 2008 therefore cannot justify shifting the 2nd ACP to 01st April 2008.ratio¶¶20

Detailed headnote1 paragraphs

LPA No. 603 of 2023 (Jharkhand HC, Letters Patent Appellate Jurisdiction; Shree Chandrashekhar, ACJ per curiam imperatoris-style 'Per' opinion, with Anubha Rawat Choudhary, J.) — dismissed 12 January 2024. The State appellants (Road Construction Department) had challenged the writ Court's order of 02 May 2023, which declined to approve their office order no. 168 of 22 October 2014 — adopted in light of a Finance Department communication of 04 August 2014 — that shifted respondent Ram Chandra Diwakar's 2nd ACP date from 20 December 2006, the date he completed 24 years of service as a Junior Engineer appointed on 09 December 1982, to 01 April 2008, taking into account the penalty of stoppage of one increment without cumulative effect inflicted on him vide office order of 24 May 2008 following a departmental proceeding opened by charge memo on 23 July 2007. Judging it well-settled that service-linked financial benefits are payable from the date of eligibility irrespective of administrative delay and may be granted from a back date, and observing that as on 20 December 2006 the respondent had suffered no disability for losing the 2nd ACP benefit, the Division found no reason to interfere and dismissed the appeal.

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

(Letters Patent Appellate Jurisdiction)

¶3

LPA No. 603 of 2023

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The State of Jharkhand through the Secretary/Principal Secretary, Road Construction Department, having office at Project Building, P.O. and P.S.Dhurwa, Town and District- Ranchi

¶5

The Under Secretary to the Government, Road Construction Department, having office at Project Building, P.O. and P.S.- Dhurwa, Town and DistrictRanchi

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The Engineer-In-Chief, Road Construction Department, having office near Project Building, P.O. and P.S.- Dhurwa, Town and District- Ranchi

¶7

.... Appellants

¶8

Versus

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Ram Chandra Diwakar, son of late Titan Pandit, resident of Mohalla-Jorar, Bank Stree, P.O. and P.S.- Namkum

¶10

---------------

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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Anish Kumar Mishra, AC to Sr. SC-I For the Respondent : ---------------

¶13

12^th January 2024

¶14

Per, Shree Chandrashekhar, J.

¶15

The State of Jharkhand has challenged the dated 02^nd May 2023 by which the writ Court did not approve the order contained in the office order no. 168 dated 22^nd October 2014 shifting the date of 2^nd ACP granted to the respondent herein.

¶16

This is not in dispute that the respondent became eligible for 2^nd ACP on 20^th December 2006 and as on that date he was not found guilty in a departmental proceeding. However, the respondent authority taking note of a subsequent event, that is, the penalty order dated 24^th May 2008 formed an opinion that the respondent can be granted 2^nd ACP only with effect from 01^st April 2008.

¶17

The respondent who was appointed to the post of Junior Engineer on 09^th December 1982 completed 24 years of service on 20^th December 2006. As per the ACP scheme, he became entitled for 2^nd ACP on 20^th December 2006 and was granted such benefit. It appears that a departmental proceeding was started against him on 23^rd July 2007 and the penalty of stoppage of one increment without cumulative effect was

¶18

2 L.P.A No. 603 of 2023

¶19

inflicted on him vide office order dated 24^th May 2008. Thereafter, on 22^nd October 2014, a decision was taken in the light of a communication dated 04^th August 2014 from the Finance Department and the date of 2^nd ACP granted to the respondent was shifted from 20^th December 2006 to 01^st April 2008.

¶20

This is well-settled that the service-linked financial benefits to a government employee are granted from the date he becomes eligible for such benefits. Notwithstanding any delay in holding a meeting by the department, the claim of the government employee/employees for financial benefits shall be granted from such date. There is also no doubt that the financial benefits to a government employee in such cases can be given from a back date. According to the State of Jharkhand, the respondent became eligible for 2^nd ACP on 20^th December 2006 and a departmental proceeding was started against him by serving a charge memo on 23^rd July 2007. Therefore, the respondent had suffered no disability for losing the benefit of 2^nd ACP as on 20^th December 2006.

¶21

While so, we do not see any reason to interfere with the writ Court’s order dated 02^nd May 2023 and, accordingly, LPA No. 603 of 2023 is dismissed.

¶22

(Shree Chandrashekhar, A.C.J.)

¶23

(Anubha Rawat Choudhary, J.)

¶24

Pankaj-

The State of Jharkhand through the Secretary/Principal Secretary Road Construction Deptt v. Ram Chandra Diwakar

Case brief

What is this about?

What did the court decide?

The State of Jharkhand through the Secretary/Principal Secretary Road Construction Deptt v. Ram Chandra Diwakar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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