Jharkhand High Court
Abu Zafir Ansari vs The State Of Jharkhand Through Its Chief ... on 15 January, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 3697 of 2016
Abu Zafir Ansari, S/o Late Md. Hussain, Resident of Maulabagh,
Naya Tola, P.O. and P.S. Fulwari Sharif, Town and District Patna,
State:- Bihar ... ... Petitioner
Versus
1. The State of Jharkhand through its Chief Secretary, Government of
Jharkhand, having its office at Project Building, P.O. Dhurwa, P.S.
Jagannathpur, Ranchi, Jharkhand
2. The Principal Secretary, Food, Public Distribution & Consumer
Affairs Department, Govt. of Jharkhand having its office at:
Project Building, P.O.:-Dhurwa, P.S.:- Jagannathpur, Ranchi,
Jharkhand.
3. The Principal Secretary, Department of Finance, Govt. of
Jharkhand, having its office at: Project Building, P.O.:- Dhurwa,
P.S.:- Jagannathpur, Ranchi, Jharkhand.
4. The Deputy Commissioner Cum District Magistrate, Ranchi.
... ... Respondents
---
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
---
For the Petitioner : Mr. Ravi Prakash Mishra, Advocate
For the Respondents : Mr. Munna Lal Yadav, S.C. (L&C)-III
: Mr. Rahul Dev, A.C. to S.C. (L&C)-III
---
22/15.01.2025 Heard the learned counsel appearing on behalf of the parties.
2. This writ petition has been filed for the following reliefs: -
A. "For an appropriate Writ [s] in the nature of
Certiorari, to quash and cancel the part of the Minutes of
the letter Ref: 1/Court-175/2011-3035 dated 25.10.2011
whereby it has been observed that the period spent in the
service of the State Food & Civil Supplies Corporation
shall not be counted for the purpose of grant of benefit of
ACP/MACP and the period of service of the persons like
the petitioner will be counted only from the date of joining
in the District Consumer Forum pursuant to absorption of
their services in the District Consumer Forum.
B. Be further please to quash the part of the minutes of
meeting dated 19.03.2016 of the District Establishment
Committee, Ranchi whereby following the letter No.3035
dated 25.10.2011, it was decided that there is no need to
revise the benefit of MACP granted to the petitioner;
C. Further, be pleased to issue a Writ of Mandamus
commanding upon the respondents to immediately and
forthwith grant all the benefits of ACP / MACP after
reckoning the period spent by the petitioner in the service
of the Corporation".
3. The learned counsel for the respondents has referred to the
supplementary counter affidavit dated 27.03.2023 and has referred to
letter no. 576 dated 02.03.2020 to submit that Joint Secretary, Food,
Public Distribution and Consumers' Affairs Department, Government
of Jharkhand, Ranchi has directed that A.C.P./M.A.C.P. may be
sanctioned to the petitioner Abu Zafir Ansari counting the past service
rendered by him in Food and Civil Supply Corporation with the
condition that the same may be affected by the final judgment in LPA
No. 322 of 2013 filed by the respondents. The learned counsel has
fairly submitted that LPA No. 322 of 2013 has been ultimately
dismissed.
4. The learned counsel for the petitioner submits that there is no
impediment in passing appropriate direction with regard to payment of
monetary benefit arising out of the claim of MACP and ACP to the
petitioner which stands admitted by the respondents.
5. Considering the aforesaid submissions and as per the
supplementary counter affidavit filed by the respondents, a decision
was already taken to grant ACP/MACP by taking into consideration
the past period of service but the same was kept subject to LPA No.
322 of 2013. A final order passed in the LPA along with analogous
cases has been placed before this court which reveal that the LPA has
been dismissed.
6. In view of the aforesaid facts and circumstances, the entitlement
of the petitioner of ACP and MACP by taking into consideration the
past period of service is not in dispute.
7. Accordingly, this writ petition is disposed of directing the
respondent no. 4 to pass appropriate order in connection with claim of
the petitioner with respect to ACP/MACP by taking into consideration
his past period of service and pass appropriate order so that the
monetary benefit arising out of the same be also remitted to the
petitioner within a period of three months from the date of filing of the
representation by the petitioner along with a copy of the records of
this case before the respondent no. 4, the authority before whom the
petitioner had filed representation for consideration of his claim.
8. This writ petition is disposed of in the aforesaid terms.
(Anubha Rawat Choudhary, J.)
Binit
