Jharkhand High Court
Pradeep Kumar Jha vs The State Of Jharkhand on 10 November, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:33464
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No.4665 of 2024
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Pradeep Kumar Jha, son of late Ram Chandra Jha, R/o Quarter
no. H/91, Argora Housing Colony, PO and PS Argora, District
Ranchi, Jharkhand ... Petitioner(s).
Versus
1.The State of Jharkhand
2.The Secretary, Women, Child Development and Social
Security Department, Govt. of Jharkhand, Project Bhawan, PO
and PS Dhurwa, District Ranchi
3.The Director, Directorate of Social Welfare, Women, Child
Development and Social Security Department, Govt. of
Jharkhand, Project Bhawan, PO and PS Dhurwa, District Ranchi
4.The Divisional Commissioner, South Chotanagpur Division,
Ranchi, Deputy Para, Ahirtoli, PO GPO, PS Kotwali, District
Ranchi
5.The Deputy Commissioner, PO and PS Gumla, District Gumla
6.The District Social Welfare Officer, PO and PS Gumla, District
Gumla
7.The Child Development Programme Officer, Dumri, PO and PS
Gumla, District Gumla
8.The Child Development Programme Officer, Basiya, PO and
PS Basiya, District Gumla ... Respondent(s).
CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Aman Shekhar, Advocate
Mr. Sudhanshu Shekhar Choudhary, Adv.
For the State : Mr. Amitesh Kr. Geasen, AC to AAG-IA
.........
04 /10.11.2025: Heard the parties.
2. In this writ petition, the petitioner has prayed for the
following reliefs:
(i) to grant the petitioner 1st ACP, 2nd ACP and 3rd MACP pursuant to
the letter dated 04.11.2023 issued by the Deputy Commissioner,
Gumla to the Divisional Commissioner, South Chotanagpur Division,
Ranchi whereby and whereunder the petitioner has been
recommended for the grant of exemption from Departmental (Audit)
Examination.
(ii) to grant exemption to the petitioner from appearing in the
Departmental (Audit) Examination in terms of letter no. 4674 dated
15.05.1992 and 4178 and 12.08.1992 as the petitioner has completed
the age of 50 years on 08.10.2013.
(iii) to immediately and forthwith calculate and make payment of
arrears of salary as well as arrears of pension upon granting 1st ACP,
2nd ACP and 3rd MACP to the petitioner.
2025:JHHC:33464
(iv) to make payment of all the amount of arrears with interest at the
rate of 18% for malafidely intended deliberate denial of the valid and
genuine claim of the petitioner.
3. The petitioner was not granted 1st ACP, 2nd ACP and 3rd
MACP on the ground that he has not passed the departmental
examination. The issue of passing of departmental examination
vis-à-vis grant of ACP/ obtaining educational qualification has
already been decided by the Hon'ble Supreme Court in "Amresh
Kumar Singh and Others vs. State of Bihar and Others"
reported in 2023 SCC OnLine SC 496 and "Union of India vs.
C.R. Madhava Murthy" reported in (2022) 6 SCC 183.
4. This Court in WP(S) No. 6759 of 2022 titled "Ram Lala
Thakur vs. The State of Jharkhand and Others" by referring to
the aforesaid judgment of the Hon'ble Supreme Court has held
that the educational qualification cannot come in the way of grant
of ACP/ MACP.
5. Thus, the respondents are directed to take fresh decision
for grant of ACP/MACP to the petitioner irrespective of the fact
that his prayer for exempting him from appearing in the
departmental examination has been rejected.
6. With the aforesaid order this writ petition is disposed of
directing the respondents to take the appropriate decision in
terms of the judgment passed by this Court in WP(S) No. 6759 of
2022 and Hon'ble Supreme Court in "Amresh Kumar Singh"
(supra) and "C.R. Madhava Murthy" (supra) within the period of
eight weeks from the receipt of the copy of this order and
communicate the decision to the petitioner.
7. If the petitioner was otherwise entitled for the promotion,
the same should to be granted to him and consequential order
should be passed.
(ANANDA SEN, J.)
10.11.2025
Tanuj/CP-2
