Lagatar24 Desk
Ranchi: The Jharkhand High Court has allowed the writ petition of retired clerk Dinesh Kumar Pradhan, setting aside the December 20, 2024 order (Memo No. 2240) of the West Singhbhum District Education Superintendent and directing the state government to give him the first ACP and second MACP benefits within 10 weeks of receiving the court’s order.
Court Orders Specific Pay Scales and Dates
Justice Deepak Roshan’s bench directed that the first ACP be given in the pay scale of 5000-8000 from May 17, 2003, and the second MACP in 5500-9000 (PB-II, 9300-34800, grade pay 4600) from May 17, 2011. Advocate Manoj Tandon appeared for the petitioner.
Background of the Case
Pradhan was appointed as a clerk in the Education Department on May 17, 1991, and retired on May 31, 2021, from the office of the District Education Superintendent, West Singhbhum (Chaibasa). He had received the first ACP in the 4500-7000 scale after 12 years’ service and the second MACP in 5000-8000 after 20 years, but claimed he was entitled to 5000-8000 and 5500-9000 respectively.
Earlier Litigation
He had filed a writ petition with other employees on the same demand, in which he was petitioner no. 18. On November 13, 2017, the High Court directed the state to decide the claims within six weeks in light of benefits given to similarly placed employees (Shridhar Jha, Sona Ram Deogham and Awadhesh Kishore). The state filed an LPA against this, but in the meantime the Regional Deputy Director of Education (RDDE), Kolhan division, decided to grant the benefits through orders of January 30, 2019, January 31, 2020 and July 24, 2023. The appeal was withdrawn on December 3, 2020 and dismissed as such.
Why the Court Set Aside the District Superintendent’s Order
Despite this, the District Education Superintendent, who is the drawing and disbursing officer, rejected Pradhan’s claim on December 20, 2024. His counsel said the state’s affidavit did not answer the nine grounds in paragraph 20 of the petition, and that the Director (Secondary Education) himself admitted the RDDE had already decided to give the benefits. Since the RDDE is the appointing authority for third-grade employees like the petitioner, the District Superintendent had no power to reject the claim. The court held that after the earlier writ petition was disposed of and the appeal dismissed, he should receive the benefits, and that the District Superintendent should have complied with the senior officer’s orders and paid, not passed a contrary order.
