WRIT PETITION 6112 of 2013 on 1 October 1985

1. The State of Jharkhand

2. The Commissioner, Santhal Paragana Division, Dumka

3. The Principal Chief Conservator of Forest, Ranchi

4. The Regional Chief Conservator of Forest, Dumka

5. The Conservator of Forest, Territorial Circle, Dumka

6. The Divisional Forest Officer, Social Forestry Division, Dumka

..... Respondents

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CORAM:HON’BLE MR. JUSTICE APARESH KUMAR SINGHFor the Petitioner : Mr. V.N.JhaFor the Respondents: Mr. Jai Shankar Tiwary, J.C to S.C.I

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06/21.04.2015Heard counsel for the parties.

Petitioner, who is serving on the post of Assistant Clerk in the Social Forestry Division, Dumka since his joining on 1.10.1985 without any regular promotion is seeking financial upgradation under the M.A.C.P scheme dated 1.9.2009 as he has completed 20 years of his service along with consequential benefits. Petitioner has also sought confirmation of the first A.C.P granted to him by Office order dated 20.5.2008 issued under the signature of Conservator of Forest, Dumka Circle, Dumka. He has also sought quashing of the Office order dated 20.5.2008 where under it has been held that monetary benefit accrued therefrom would be payable from the date of passing of the final Accounts examination on 10.1.2006 as he has passed the preliminary examination on 4.1.1989. He seeks release of consequential arrears of salary from the due date.

Shorn of unnecessary details, from the stand taken by the respondents in their counter affidavit, it appears that despite correspondences made for confirmation of the grant of first A.C.P to the petitioner , the matter is still pending before the Commissioner, Dumka. Petitioner, though had passed the preliminary Accounts Examination in 1989 and had passed the Hindi Noting and Drafting Examination in 1987, but he could pass all the papers on 10.1.2006.

A. Mohanty

Be that as it may, as would appear from the stand of the respondents the grievances raised by the petitioner for grant of second M.A.C.P is however dependent upon the confirmation of the first A.C.P by the Commissioner, Dumka. In such circumstance, instead of keeping the writ petition pending, it is deemed appropriate to direct the respondent no. 2, the Commissioner, Santhal Paragana Division, Dumka to take an early decision in the matter of confirmation of the first A.C.P of the petitioner preferably within a period of 8 weeks from the date of receipt of the copy of this order. Dependent upon such confirmation, the competent authority under whom the petitioner is working shall take a decision on the consequent grant of second M.A.C.P as claimed by the petitioner within a period of 12 weeks, thereafter.

Needless to say that dependent upon such decision, the consequential benefits would be released in favour of the petitioner without any unreasonable delay.

The writ petition is disposed of accordingly.

(Aparesh Kumar Singh, J.)