Jharkhand High Court
Ashok Kumar Dwivedi vs The State Of Jharkhand on 26 May, 2020
Equivalent citations: AIRONLINE 2020 JHA 165
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
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IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P.(S) No.715 of 2019
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Ashok Kumar Dwivedi, aged about 64 years, S/o Ramadhar Dwivedi, Village Suntha, PO Pandeypura, PS Sunta, Distt.Palamau .... Petitioner
--Vs.--
1.The State of Jharkhand
2.The Secretary, Department of Panchayat Raj, Government of Jharkhand, having its office at Project Building, Dhurwa, PO and PS Dhurwa, District Ranchi
3.The Deputy Commissioner, Latehar, having its office at Latehar, PO, PS and District- Latehar
4.The District Panchayati Raj Officer, Latehar, having its office at PO, PS and District- Latehar
5.The Block Development Officer, Bariatu, PO, PS and District-Latehar ..... Respondents
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Shray Mishra, Advocate For the Resp.-State : Mr. Dhananjay Pathak, G.A.
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Order No.06: Dated : 26th May, 2020 Heard Mr. Shray Mishra, the learned counsel appearing for the petitioner and Mr. Dhananjay Pathak, the learned G.A. appearing for the respondent-State.
2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. The petitioner has preferred this writ petition for a direction upon the respondents to confirm the service of the petitioner on the post of Panchayat Sewak and for fixing the pay scale after granting the benefit of ACP/MACP and accordingly to fix pension and pay the arrears accrued on account of re-fixation of scale with consequential interest.
4. Mr. Shray Mishra, the learned counsel appearing for the 2 petitioner submits that the petitioner has rendered more than 20 years of unblemished service with the respondents. Mr. Mishra, the learned counsel further submits that the petitioner joined the service to the post of Panchayat Sewak on 28.02.1996 at Block Office, Bariatu, Latehar and the petitioner discharged his duties with satisfaction of all concerns and superannuated on 29.06.2016. He further submits that the Block Development Officer, Bariatu, Latehar vide letter dated 31.12.2013 has forwarded the service book of the petitioner for confirmation of service and for grant of ACP/MACP. He further submits that inspite of that letter, no order has been passed for confirmation of service of the petitioner nor grant of ACP/MACP has been provided to the petitioner. He further submits that by letter dated 18.05.2018, the Block Development Officer has requested the Panchayati Raj Officer to grant benefits of MACP to Panchayat Sewak who has completed 3 years or more. He further submits that inspite of that no action has been taken to confirm the service of the petitioner.
5. Mr. Dhananjay Pathak, the learned G.A. appearing on behalf of the respondent-State by way of referring to paragraph nos. 11,12,13 and 14 of the counter affidavit submits that the process for confirmation of service of the petitioner is already initiated. He submits that there is averment made in the counter affidavit that the meeting of the Establishment will be held after the Election Aachar Sanhita and the matter of the petitioner shall be taken up for consideration. He submits that there is averment in paragraph nos.13 and 14 that the case of the petitioner will be considered in the meeting of the Establishment.
6. In view of the above facts and considering the statements made in the paragraph nos. 11,12,13 and 14 of the counter affidavit, this writ petition is being disposed of with a direction to the respondents to consider the case of the petitioner in view of the statements made in the counter affidavit and pass an appropriate reasoned order within a period of 8 weeks from the date of receipt /production of a copy of this order.
7. With the above observation and direction, W.P.(S) No.715 of 2019 stands disposed of.
(Sanjay Kumar Dwivedi, J.) SI/,