IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No.6080 of 2011

Rang Bahadur Mahto
....
Petitioner
Versus
The State of Jharkhand & ors.
.....
Respondents
---------CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner
: Mr. Anjani Kumar Verma
For the Respondents : Mr. Rajesh Kumar, G.P.V
05/13.11.2014

Heard counsel for the parties.

Petitioner is said to have retired from the post of Jeep Driver on

30.6.2008 while in work charge establishment from the Office of

Chief Engineer, Water Resources Department, Deoghar. In the
present case petitioner has prayed for grant of first and second A.C.P
w.e.f. 9.8.1999 as he is said to have served the work charge
establishment for more than 24 years.
Petitioner claims to have been appointed initially on daily wage
basis on 7.3.1978 in the Bihar State Construction Corporation Ltd,
Patna and while working on daily wage, vide memo no. 2655 dated
21.10.1982 issued by the Secretary Administration of the said
Corporation, the services of the petitioner were handed over to the
Chief Engineer, Water Resources Department, Sivan where he
submitted his joining. It is the contention of the petitioner that in the
absence of a sanctioned post at the relevant point of time in the year
1983, he was taken in the work charge establishment on a vacant
post of Jeep Driver and a request was made by the Chief Engineer of
the said department through memo no. 1100 dated 24.3.1983 to
sanction a post of Jeep Driver in regular establishment. Petitioner,
thereafter had worked as work charge employee and retired from the
office of Chief Engineer, Water Resources Department, Deoghar on
30.6.2008.
Earlier petitioner had approached this Court in W.P.S. No. 1478
of 2008 claiming retiral benefits in view of the judgment rendered by
the full Bench of this Court dated 22.11.2010 passed in W.P.S. No.
6826 of 2002 in the case of Ram Prasad Singh & others Vrs. The

-2State of Jharkhand & others reported in 2005(3)JLJR 38

(Annexure-3). In the said case the respondent- Chief Engineer, Water
Resources Department, Deoghar was directed to take a decision in
respect of payment of retiral dues of the petitioners within a
stipulated period.
However, petitioner in the present writ application while
making a claim for grant of A.C.P has relied upon memo no. 288/B
dated 05.02.2007 issued by the Finance Department, Government of
Jharkhand where under certain provisions of Finance Department
resolution no. 5207 dated 14.8.2002 issued in respect of A.C.P has
been modified, as per which, work charge employee would be
entitled for A.C.P and the period during which they have remained in
work charge establishment would be counted for the said purpose.
Therefore, the writ petition has been pressed for the aforesaid relief.
Though time was allowed earlier to the respondents on
9.12.2011 itself but no counter affidavit has been filed till date.
Learned G.P-V appearing on behalf of the State, however submitted
that though the petitioner did not raise such claim earlier while
seeking post retirement benefits, but if he

approaches the

respondent no. 3, the Chief Engineer, Water Resources Department,

Deoghar once again with a fresh representation in respect of his
aforesaid claim, his grievances can be considered in accordance with
law and also in view of the any circular in respect of A.C.P issued by
the Government of Jharkhand.
Having considered the submission of the parties and in the
aforesaid facts and circumstances of the case, at this stage without
commenting upon the merit of the claim of the petitioner, the writ
petition is disposed of allowing the petitioner to make representation
duly supported with all necessary facts and documents before the
respondent no.3, Chief Engineer, Water Resources Department,

-3Deoghar who shall consider the same in accordance with law after
due verification of the relevant service record of the petitioner and
the A.C.P scheme applicable in the respondent- department and take
a decision there upon within a period of 12 weeks from the date of
receipt of copy of this order along with petitioner's representation.
The writ petition is disposed of in the aforesaid manner.

(Aparesh Kumar Singh, J.)

A. Mohanty