Jharkhand High Court
Debabrata Dasgupta vs The State Of Jharkhand on 27 November, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
2025:JHHC:35390
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 2523 of 2019
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Debabrata Dasgupta, aged about 66 years, son of Late
Chittaranjan Dasgupta, resident of-K-4/34, Sutlej Block,
Siroman Nagar, Dimna Road, Mango, P.O. & P.S. Mango,
Town-Jamshedpur, District-East Singhbhum (Jharkhand).
....Petitioner
Versus
1. The State of Jharkhand
2. Principal Secretary, Department Of Health, Medical
Education and Family Welfare Department, Government
Of Jharkhand, having its office at Nepal House Building,
PO & PS-Doranda, District-Ranchi (Jharkhand), PIN-
834002
3. Principal, MGM College & Hospital, Jamshedpur, P.O. &
P.S. -MGM, Town Jamshedpur, District East Singhbhum,
PIN 831018 (Jharkhand) ....Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : Mr. A.K.Das, Adv
Mr. Chandrajit Mukherjee, Adv
For the Respondent : Mr. Arun Kr. Dubey, A.C. to G.P.-III
Mr. Sudarshan Shrivastava, Adv
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C.A.V. ON: 30.10.2025 PRONOUNCED ON:27/11/2025
Heard learned counsel for the parties.
2. The Petitioner has filed the instant writ petition seeking
quashment of the letter as contained in Memo
No.MC/2026/19 dated 24.01.2019 (Annexure 17) passed by
the 3rd Respondent; whereby he has sought clarification from
the Deputy Secretary, Health, Medical Education and Family
Welfare Department, Government of Jharkhand, Ranchi with
respect to entitlement of the Petitioner for grant of benefits
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under the Dynamic Assured Career Progression Scheme and
a further direction upon the respondents-authorities to pay
the entire arrears which accrued to the petitioner on grant of
the benefits under the Dynamic Assured Career Progression
Scheme as adopted vide Notification No.184(9) dated
26.04.2018.
3. Brief Facts
(i) The Petitioner who has a qualification of M.Sc. in
Biochemistry from Calcutta University was appointed as a
Tutor in the Department of Biochemistry in MGM College &
Hospital, Jamshedpur on 03.09.1977 (Annexure 1), and
subsequently on 05.07.1983 he was promoted to the post of
Assistant Professor (Annexure 2).
(ii) It is relevant to mention herein that at the time of
appointment of the petitioner, the eligibility for appointment
as Tutor in Non-Clinical Subjects like Biochemistry was a
Degree of M.Sc.
(iii) The services of the writ petitioner was regularized w.e.f.
01.10.1979 vide Notification dated 26.08.1998 (Annexure 3).
(iv) The petitioner was promoted to the post of Associate
Professor vide Notification dated 16.06.2004 (Annexure 4)
with effect from 05.07.1988.
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(v) The State of Jharkhand vide Notification dated
25.06.2015 introduced the Dynamic Assured Career
Progression Scheme to the teaching employees of the MGM
College & Hospital, Jamshedpur (Annexure 7).
4. The claim of the Petitioner is that he became eligible for
the 2nd Upgradation of Scale under the DACP Scheme with
effect from 05.07.1988 and 3rd Upgradation under the said
Scheme after lapse of 06 years i.e. with effect from
05.07.1994 and the 4th upgradation under the Scheme on
expiry of 07 years therefrom with effect from 05.07.2001.
5. Mr. A. K. Das, learned counsel for the Petitioner had
submitted that the benefits of DACP Scheme was extended by
the State Government to various teaching employees vide
Notification dated 22.06.2017 (Annexure 7). However, the
Petitioner was discriminated and he was deprived of the said
benefits. On repeated representations, vide Notification
No.184(9) dated 26.04.2018 (Annexure 8), though he was
granted the 3rd & 4th Financial Upgradation under the
Dynamic Assured Career Progression Scheme with effect from
01.09.2008; however, the benefits were made notional,
despite the fact that the Scheme did not permit or give option
of extension of any notional benefit; rather mandates
substantial financial benefits.
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He further contended that the Petitioner immediately
objected to the same, on which the Respondents vide
Corrigendum/Rectification Letter No.407(9) dated 01.11.2018
(Annexure 9) revised the 2nd Upgradation of Dynamic Assured
Career Progression Scheme with effect from 01.09.2008.
6. Mr. Das further draws attention to the letter No.407(9)
dated 01.11.2018, whereby the Petitioner was issued a pay-
slip by the Accountant General (A&E), Jharkhand, on
20.11.2018 granting financial benefits under the Dynamic
Assured Career Progression Scheme with effect from
01.04.2009 with arrears kept pending.
He specifically contended that the petitioner is entitled
to the 2nd Upgradation with effect from 05.07.1988 and denial
of the 3rd and 4th upgradation after 6 and 7 years respectively
is wholly illegal and arbitrary. Further, though the College
Accounts Office calculated the arrears payable to the
petitioner as per the Notification at Rs.32,90.741.00
(Annexure 11); but the disbursement of the same was not
made to the Petitioner.
He further contended that before the actual
disbursement could take place, the Respondent no.3 vide
Memo No.MC/2026/19 dated 24.01.2019 (Annexure 12)
sought clarification from the Deputy Secretary, Health
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Department, Government of Jharkhand. Such clarification
which was sought is wholly with an oblique motive apparently
for the fact that the DACP was already granted by the State
Government and the Respondent no.3 had no jurisdiction to
seek clarification on the same.
Learned counsel reiterated that the Petitioner was in
fact extended the said benefits of upgradation with a
subsequent date and in fact was entitled to the 2nd
upgradation with effect from 05.07.1988 and accordingly the
3rd Upgradation with effect from 05.07.1994 and the 4th
Upgradation with effect from 05.07.2001. Being aggrieved by
the said letter dated 24.01.2019 (Annexure 12), the Petitioner
moved this Court.
7. Learned counsel for the petitioner further pointed out
that previously the petitioner was denied promotion on the
ground that he is not having an MBBS Degree and is only
having an M.Sc. Degree and with respect to the said issue,
several writ applications were filed and ultimately in W.P. (S)
No. 3534 of 2009, the Petitioner was held entitled to the
promotional post with all consequential benefits.
The State Government being aggrieved by the said order
dated 20.06.2009 moved the Division Bench of this Court in
L.P.A. No. 437 of 2012 which was eventually dismissed by an
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order dated 12.01.2023.
8. Relying upon the aforesaid facts and contentions, Ld.
Counsel prayed that the writ petition be allowed and the
concerned Respondent be directed to extend the
consequential benefits to the Petitioner forthwith.
9. Mr. Arun Kr. Dubey, A.C. to G.P.-III representing the
State Government has mainly contended that as the
Petitioner is not having a Degree of MBBS, he is not qualified
for being promoted and as he is not entitled for promotion. He
cannot claim upgradation of scale under the Dynamic
Assured Career Progression Scheme, which is confined only
to such teachers who are having MBBS Degree.
10. Having heard learned counsel for the parties and after
going through the documents annexed with the respective
affidavits it appears that such objection of the Respondent
State is not tenable and has no leg to stand, more so after the
dismissal of L.P.A. No. 437 of 2012 vide judgment dated
12.01.2023. Once the Petitioner has been held entitled to the
promotional post and also entitled to be considered for
further promotion on the ground that at the time of
appointment there was no requirement of having MBBS
Degree for the purpose of appointment against any teaching
post in a Medical College; the Petitioner accordingly cannot
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be deprived of the benefits of Dynamic Assured Career
Progression Scheme under which an employee who has not
been granted promotion is eligible for a financial upgradation
of scale and in this view of the fact, the Petitioner is entitled
to the reliefs that has been sought for in the instant writ
petition and the Respondents are bound to consider the case
of the Petitioner for grant of monetary benefits under the
Dynamic Assured Career Progression Scheme.
11. Moreover, once the State Government after due
deliberation had extended the benefits of Dynamic Assured
Career Progression Scheme vide Notification dated
26.04.2018 (Annexure-8), and subsequent corrigendum /
rectification letter no.407(9) dated 01.11.2018, there was no
occasion for the Respondent no.3 to seek a further
clarification for the purpose of depriving the Petitioner of the
said benefits.
12. Having regards to the above, the letter as contained in
Memo No.MC/2026/19 dated 24.01.2019 dated (Annexure-
17), is hereby, quashed and set aside. The Respondents-
authorities are directed to pay the entire arrears which
accrued to the Petitioner on grant of the benefits under the
Dynamic Assured Career Progression Scheme as adopted vide
Notification No.184(9) dated 26.04.2018 within a period of 12
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weeks from the date of receipt/production of the copy of this
order.
13. Accordingly, the instant writ petition stands allowed.
Pending I.A, if any, also stands disposed of.
(Deepak Roshan, J.)
November 27, 2025
Amardeep/-
N.A.F.R.
Uploaded
27/11/2025
