Ashok Kumar Mandal Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Ashok Kumar Mandal Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application stands disposed of: it is to be treated as a representation; the Second Respondent is to decide the grievance by a reasoned and speaking order in accordance with law and applicable Rules and Regulations within 12 weeks of receipt of a copy of the order, and all admitted dues, if the petitioner is found entitled, are to be paid within a further six weeks.

Issue for consideration

Whether the petitioner, a Lecturer who retired on 30.04.2015, is entitled to the benefits of ACP/MACP, modification of pension fixation on the basis of improved salary, and payment of all consequential dues. +1 more

Court's answer

All admitted dues for which the petitioner would be found entitled shall be extended to him within a further period of six weeks.

Ratio / Principle

The Court disposed of the writ petition by directing the Second Respondent to treat the writ application as a representation and take a decision on the grievance raised by the petitioner by passing a reasoned and speaking order.

Key takeaways

The decision on the representation was to be taken in accordance with the law and applicable Rules and Regulations within a period of 12 weeks from the date of receipt of a copy of the order; the petitioner was also directed to serve a copy of the writ application upon the Second Respondent at the earliest.ratio¶21

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Deepak Roshan, J.) — W.P (S) No. 2020 of 2025, order dated 01.05.2025. A 70-year-old retired Lecturer (retired 30.04.2015) sought direction for grant of ACP/MACP benefits, modification of pension fixation on the basis of improved salary, and consequential dues. As the respondents had filed no counter-affidavit, the Court disposed of the writ petition by directing the Director (Primary Education), School Education and Literacy Development Department (Second Respondent), to treat the writ application as a representation and decide the grievance by a reasoned and speaking order in accordance with law and applicable Rules and Regulations within 12 weeks of receipt of a copy of the order; the petitioner was to serve a copy of the application on the Second Respondent at the earliest. All admitted dues, once entitlement was established, were to be paid within a further six weeks.

2025:JHHC:13080

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P (S) No. 2020 of 2025

Ashok Kumar Mandal, aged about 70 years, son of late Banarsi Prasad Mandal, resident of Mohalla New Town, Jamtara, P.O. + P.S.+ Block + District – Jamtara (Retired Lecturer).

..........Petitioner

Versus

The State of Jharkhand

The Director (Primary Education), the School Education and Literacy Development Department, Project Building, P.O.+P.S. Dhurwa, District-Ranchi.

The Deputy Secretary (Primary Education), Department of School Education and Literacy Development, Project Building, Dhurwa, P.O.+P.S. Dhurwa, District-Ranchi.

.........Respondents

----

CORAM : HON’BLE MR. JUSTICE DEEPAK ROSHAN

---- For the Petitioner : Mr. Purnendu Kr. Jha, Advocate For the Respondents : Mr. Saurav Mahto, AC to GP-I

02/01.05.2025 The instant writ application has been preferred by the petitioner praying for a direction upon the respondent-authorities to grant the benefits of ACP/MACP to this petitioner, who retired on 30.04.2015 as Lecturer and also to modify the fixation of pension on the basis of improved salary after taking the decision and further pay all the consequential benefits.

2. Learned counsel for the petitioner submits that petitioner joined in Lower Sub-ordinate Education Service on the post of Assistant Teacher on 30.09.1980 and retired on 30.04.2015 but in spite of several orders, no payment has been made though the petitioner has repeatedly approached the respondents.

3. Learned counsel for the respondents submits that since no counter-affidavit has been filed and as such, the petitioner may be directed to file fresh representation for redressal of his grievances.

4. Having regard to the aforesaid facts and circumstances of the case, the instant writ petition is hereby disposed of by directing the 2^nd Respondent to treat this writ application as representation and take a decision in the matter with regard to the grievance raised by the Petitioner by passing a reasoned and speaking order in

1

2025:JHHC:13080

accordance with the law and applicable Rules and Regulations within a period of 12 weeks from the date of receipt of a copy of this order. The petitioner is also directed to serve copy of this writ application to the 2^nd respondent at the earliest.

5. It goes without saying that all admitted dues for which the petitioner would be found entitled, shall be extended to him within a further period of six weeks.

6. Accordingly, the instant writ application stands disposed of.

(Deepak Roshan, J.)

Kunal

2