RAJESH KUMAR LAL Vs. STATE OF JHARKHAND THROUGH CHIEF SECRETARY
LAWS(JHAR)-2018-8-140
HIGH COURT OF JHARKHAND
Decided on August 06,2018

Rajesh Kumar Lal Appellant
VERSUS
STATE OF JHARKHAND THROUGH CHIEF SECRETARY Respondents

JUDGEMENT

S.N. Pathak, J. - (1.) Heard the parties.
(2.) The petitioner has approached this Court with a prayer for a direction upon the respondents to grant the benefits of MACP w.e.f. 01.04.2015 in the Grade Pay of Rs.4200/- in the light of Office Order dated 29.09.2015, passed by the respondent-authorities.
(3.) The factual composition as has been delineated in the writ petition is that an advertisement was floated for appointment of Data Entry Operator under Ranchi Institute of Neuro-Psychiatry and Allied Sciences (RINPAS), Ranchi in the pay-scale of Rs.4500-7000. The petitioner having the requisite qualifications, applied for the same and subsequently, was appointed vide letter No. 807 dated 31.03.2005. Petitioner worked on the said post to the satisfaction of the concerned-authorities and subsequently, vide letter dated 30.07.2007 his services were confirmed by respondents. The petitioner continued to work on the post of Data Entry Operator and on 29.09.2015, his case was recommended to the Screening Committee for grant of the benefits of MACP w.e.f. 01.04.2015 upon completion of 10 years of service from 31.03.2005. Pursuant to the said recommendation, an Office Order dated 29.09.2015 was issued regarding the entitlement of the petitioner for the benefits of MACP. The said recommendation for grant of MACP benefits was sent for approval/ verification before the District Accounts Officer and it was only on the objection raised by the District Accounts Officer, no decision has been taken till date for grant of the benefits of MACP on the basis of pay-scale of Rs.4500-7000 in light of the Circular No. 660 dated 08.02.1999. It is the further case of the petitioner that even the competent authority i.e. the Director, RINPAS has strongly recommended the case of the petitioner for grant of the benefits of MACP and had opined that there is no illegality or any infirmity in the appointment of the petitioner in the pay-scale of Rs.4500-7000 and that has been done as per the New Staffing Pattern and the New Staffing Pattern has got the approval of the Department of Health, Govt. of Jharkhand. It is the further case of the petitioner that the Finance Department, in view of the audit objection raised by the District Accounts Officer, had directed an enquiry to be conducted as to why and under what circumstances, the petitioner has been granted the pay-scale of Rs.4500-7000 though he was entitled for the pay-scale of Rs.4000-6000 as per Circular No. 660 dated 08.02.1999 but till date no final decision has been taken regarding the benefits of MACP, in view of the decision of the RINPAS and in view of the appointment letter issued to the petitioner earlier. Hence, the present writ petition has been filed by the petitioner for redressal of his grievances.;


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