Manoranjan Pathak vs The Jharkhand State Agriculture ...
2023 Latest Caselaw 986 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 WP(S) No. 6764 of 2019
                                               ------

Manoranjan Pathak, son of late Kashi Nath Pathak, resident of Block-B, Flat No.1, Shree Sai Baba Apartment, Chira Chas, P.O. & P.S. Chas, District Bokaro ..... ..... Petitioner Versus

1. The Jharkhand State Agriculture Marketing Board, Itaki Raod, Hehal, Ranchi-5, P.O. Hehal, P.S. Sukhdeo Nagar, District Ranchi, through its Secretary.

2. The Managing Director, Jharkhand State Agricultural Marketing Board, Itaki Road, Hehal, Ranchi-5, P.O. Hehal, P.S. Sukhdeo Nagar, District Ranchi ..... ..... Respondents

------

CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

------

For the petitioner : Mr. V.P. Singh, Sr. Advocate Mrs. Rashmi Kumari, Advocate For the Respondents : Mr. Shivam Singh, AC to Dr. A.K. Singh, Advocate

------

07/28.02.2023: During course of argument, both the parties submit that this case of the petitioner is covered by the judgment of the Hon'ble Division Bench of this Court in the case of "T. Hussain vs. The Jharkhand State Agricultural Marketing Board" passed in LPA No. 749 of 2019.

The petitioner in this writ application has prayed for grant of 3rd MACP with effect from due date or from 01.09.2008. Further prayed for payment of arrears with interest. The petitioner superannuated from service in the year 2015.

The issue in this writ application has been set at rest in LPA No. 749 of 2019 wherein the Hon'ble Division Bench has held that the petitioner is entitle to get the benefit of ACP/ MACP. It has also been held that financial crunch is not a ground to deny the claim.

Since both the parties submit that the case of the petitioner is covered by LPA No. 749 of 2019, this writ petition is also allowed in terms of the aforesaid order.

The respondents are directed to make necessary payments to the petitioner within eight weeks from today.

(ANANDA SEN, J.) Madhav/-