Jharkhand High Court
Indu Devi vs The State Of Jharkhand on 8 May, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
2025:JHHC:14167
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4353 of 2023
INDU DEVI, age-61 years, W/o- Late Uday Shankar Sinha, R/o-Adarsh
Nagar, Tellipara Hirapur, P.O. Hirapur & P.S.- Dhanbad, District- Dhanbad,
(Jharkhand). ... ... Petitioner(s)
Versus
1.The State of Jharkhand, through the Secretary- Cum- Commissioner
Commercial Taxes, Government of Jharkhand, having its office at-Project
Bhawan, P.O. & P.S.- Dhurwa, District- Ranchi.
2. The Joint Commissioner Commercial Taxes (Administration), Dhanbad
Division, P.O. & P.S.- Dhanbad, District- Dhanbad.
3. The Deputy Commissioner, Sale Tax, Dhanbad Circle, P.O. & P.S.-
Dhanbad, District- Dhanbad.
4. The Deputy Commissioner, Sale Tax, Godda Circle, P.O. & P.S.-Godda,
District- Godda. ... ... Respondent(s)
CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner(s) : Mr. Prem Pujari Roy, Advocate
For the Respondent(s) : Mr. Devesh Krishna, SC (Mines)-III
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Order No. 05 /Dated: 8th May 2025
The instant writ application has been preferred by the petitioner for
the following relief:
"a. For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ
particularly in nature of mandamus commanding upon the respondents to
immediately and forthwith issue necessary notification granting
regularization cum confirmation of service of the deceased husband of the
petitioner, and consequently to make payment of 1st, 2nd and 3rd
ACP/MACP benefits especially taking into consideration the fact that the
deceased husband of the petitioner rendered a continuous service of more
than 38 years without availing a single promotion, till his unfortunate death
in harness dated 09.06.2018, as such, is entitled under law to get the
benefits payable under ACP/MACP scheme.
b. For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ
particularly in nature of mandamus commanding upon the respondents that
consequent upon the above, to immediately and forthwith issue necessary
notification recommending candidature of the son of the petitioner to be fit
and eligible for appointment on compassionate ground, as the husband of
the petitioner had died in harness on 09.06.2018, and since then the case of
the son of the petitioner seeking compassionate appointment has been kept
at abeyance for want of issuance of necessary notification granting
confirmation of service of the deceased husband, pending before the
respondents themselves, even after 43 years from the date of appointment
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and 5 years from the date of death of her husband.
c. For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ
particularly in nature of mandamus commanding upon the respondents not
to discriminate the case of the deceased husband of the petitioner to that of
several similarly situated employees namely Yogendra Prasad, Sudhir
Kumar etc., and also in the light of the fact that the issue in question
remained no more res-integra in view of catena of decision rendered by this
Hon'ble Court including in the cases of LPA no. 171 of 2021 (The State of
Jharkhand vs. Surendra Choudhary, Hon'ble Supreme court in SLP no. 5742
of 2022), WPS no. 3025/2019 (Ashok Kumar vs. The State of Jharkhand &
Ors., LPA no. 121 of 2021, upheld up to Hon'ble Supreme court in SLP no.
15757 of 2022); WPS no. 2678 of 2017 (Nand Kishore Prasad vs. The State
of Jharkhand), WPS no. 2937 of 2017 (Madan Mohan vs. The State of
Jharkhand & Ors). WPS no. 1648 of 2017, (Rajendra Singh vs. The State of
Jharkhand & Ors.) affirmed in LPA no. 588/2017 dated 04.11.2022, and
many more.
d. For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ
particularly in nature of mandamus commanding upon the respondents that
consequent upon confirmation of service and grant for ACP/MACP benefit,
the respondent may further be directed to revised entire pensionary benefits
including fixation of final family pension and to make payment of arrears of
difference of salary and other post retiral dues in terms of revised pay scale
consequent upon grant of ACP/MACP benefits."
2. Learned counsel for the petitioner submits that petitioner is widow
of late Uday Shankar Sinha who was working under the respondent-
authority. He submits that the issue involved in this writ application is
squarely covered by series of judgments/orders and one of such order is
rendered in W.P.(S). No. 2545 of 2024 (Nawal Kishor Singh Vs. the State
of Jharkhand & Ors.), disposed of on 02.01.2025, wherein a direction
was issued to the State of Jharkhand to take appropriate steps to
immediately confirm the services of the Petitioner and grant him the
benefit of ACP/MACP and revise the pension accordingly.
3. Since learned counsel for the Respondents admits the aforesaid
position that the issue involved in this writ petition is same and similar
with that of the petitioner of W.P.(S). No. 2545 of 2024; the instant writ
application is also disposed of on the same and similar findings and
accordingly the 2nd Respondent is directed to issue necessary notification
granting regularization cum confirmation of service of the deceased
husband of the petitioner from the date of his entitlement, and
consequently to extend benefits of 1st, 2nd and 3rd ACP/MACP benefits of
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the deceased husband of the petitioner by passing a reasoned order and
thereafter, revise the pension accordingly.
4. It goes without saying that the entire exercise shall be completed
within a period of 10 weeks from the date of receipt/production of a copy
of this order. Consequently, the arrears thereof shall also be paid to the
petitioner, who is the widow of erstwhile employee, within a further period
of 4 weeks.
5. Accordingly, the instant writ application stands disposed of in the
manner indicated hereinabove.
(Deepak Roshan, J.)
Amit
