S.N.PATHAK,J. - (1.) Heard learned counsel for the parties.
(2.) Widow of deceased employee has knocked door of this Court for a direction upon the respondents to extend benefits of 1st and 2nd Assured Career Progression respectively to her husband in the pay scale of Rs. 2,610-4,000 and 2,750-4,400 with effect from 09.08.1999 and payment of its consequential benefits i.e. arrears of difference of salary, arrears of gratuity and earned leave including revision of pension with arrears thereof. Petitioner has further prayed to hold and declare action of the respondents as illegal in depriving husband of the petitioner in extending benefits of ACP by way of Resolution dated 03.09.2016 of the District Screening Committee, contained in Memo No. 12, dated 28.10.2016.
(3.) It has been stated that petitioner's husband was appointed as a peon on 25.08.1964 in the office of Sub-Divisional Officer, Garhwa. Pursuant to the memo no. 1254, dated 08.07.1973, issued by S.D.O., Garhwa, petitioner's husband was posted in the office of District Manager, BSFC, Palamau at Daltonganj on 08.07.1973. It is alleged that vide Notification No. 5207, Dated 14.08.2002, State of Jharkhand has implemented, effected and notified A.C.P. Scheme to its employees which provides basic criteria for sanction of financial progression under the said Scheme to the concerned employees who have been working in the same scale or pay including revised scale for the prescribed period of 12/24 years. It is case of the petitioner that her husband completed more than 24 years of service on the cut-off date for grant of A.C.P. Benefits i.e. 09.08.1999 and as such, he was entitled for extending the said benefits. It is further case of the petitioner that similarly situated person Kuldip Ram had preferred W.P.(S) No. 5792/2003 which was allowed vide order dated 28.11.2007 holding that he was entitled to get pension and other benefits admissible to a government servant and the pension is payable according to provision of Jharkhand/Bihar Pension Rules. In view of said decision, pension of husband of the petitioner was also fixed with effect from 01.07.2000 authorising him for getting the same. Pension of the husband of the petitioner was fixed at the lowest rate without giving appropriate scale of 1st and 2nd ACP. After death of petitioner's husband on 26.12.2011, his wife (petitioner) and son represented before the authorities for extending monetary benefits of 1st and 2nd ACP with effect from 09.08.1999 as he had retired after completing more than 35 years of service. Petitioner has further prayed for revision of pension by extending the benefits of 1st and 2nd ACP. In the meeting of Screening Committee held on 03.09.2016 under the Chairmanship of Deputy Commissioner, Garhwa, the benefits of ACP to husband of the petitioner has been kept in abeyance erroneously and illegally, which is violative of equality clause as similarly situated Kuldip Ram has been extended the said benefits.;