Rameshwar Jha Vs the State of Jharkhand Represented through the Principal Secretary Deptt of Food

2026:JHHC:3324

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 7482 of 2023

Rameshwar Jha, aged about 62 years, so of Late Shobhakar Jha, resident of Village Palasi, PO-Pategana, PS-Palasi, District-Araria, Bihar. … … Petitioner(s)

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Versus

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The State of Jharkhand represented through the Principal Secretary, Department of Food, Public Distribution and Consumer affairs, Govt. of Jharkhand, having its office at Project Building, Dhurwa, PO & PS-Dhurwa, District-Ranchi, Jharkhand.

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The Principal Secretary, Department of Food, Public Distribution and Consumer affairs, Govt. of Jharkhand, having its office at Project Building, Dhurwa, PO & PS-Dhurwa, District-Ranchi, Jharkhand.

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The Joint Secretary, Department of Food, Public Distribution and Consumer affairs, Govt. of Jharkhand, having its office at Project Building, Dhurwa, PO & PS-Dhurwa, District-Ranchi, Jharkhand.

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The Director, Department of Food, Public Distribution and Consumer affairs, Govt. of Jharkhand, having its office at Kadru, PO-Kadru, PS-Argora, District Ranchi.

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The Deputy Commissioner, Dumka, PO & PS-Dumka, District Dumka, Jharkhand.

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The District Food and Supply Officer, Dumka, Department of Food, Public Distribution and Consumer Affairs, Govt. of Jharkhand, having its office at Dumka, PO & PS-Dumka, District-Dumka, Jharkhand. … … Respondent(s)

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Vinay Kr. Tiwary, Advocate Mr. Vishwanath Moon, Advocate

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For the Respondent(s) : Mr. Manish Mishra, GP-V

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Ms. Adittee Dongrawat, AC to GP-V

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03/ 09^th February, 2026

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1. Heard the parties.

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2. By filing this writ petition, the petitioner is claiming the benefit of 2^nd ACP/MACP which according to the petitioner accrued on 04.01.2014, but has not been paid. He also prays that since he has already superannuated, his pension may be revised and increased after grant of 2^nd ACP/MACP.

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3. The ground taken by the respondents of nonconsideration and payment of the benefit is that the petitioner is involved in a criminal case.

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4. As per the petitioner, the petitioner was entitled to get the

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1

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2026:JHHC:3324 benefit w.e.f., 04.01.2014 and the criminal case was instituted on 09.04.2014 i.e., much after the due date. As per him, the same cannot be a ground to stall the benefit which the petitioner is entitled to.

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5. Considering the aforesaid submission, I direct the petitioner to file a representation before the Department of Food, Public Distribution and Consumer affairs, Govt. of Jharkhand within four weeks.

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6. If it is found that the date when the petitioner was eligible to get the benefit of the 2^nd ACP/MACP, there was no criminal case pending against the petitioner, the respondents will consider the same and will pass an appropriate order within six weeks thereafter. If the petitioner is found entitled the respondents will ensure payment of the benefit of 2^nd ACP/MACP to the petitioner within four weeks thereafter.

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7. If the claim of the petitioner is rejected, the reasons thereof should be communicated to the petitioner within the aforesaid period.

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8. So far as the Transportation Allowance is concerned, the respondents will consider as to whether the petitioner is entitled for payment of Transportation Allowance or not and will pass necessary order.

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9. With the aforesaid observations, this writ petition stands disposed of .

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(ANANDA SEN, J.)

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09.02.2026 S.K.D/Cp-2

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Uploaded on 10.02.2026

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Rameshwar Jha v. the State of Jharkhand Represented through the Principal Secretary Deptt of Food

Case brief

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Rameshwar Jha v. the State of Jharkhand Represented through the Principal Secretary Deptt of Food

Case brief

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