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Jharkhand High Court
Rameshwar Jha vs The State Of Jharkhand Represented ... on 9 February, 2026
Author: Ananda Sen
Bench: Ananda Sen
2026:JHHC:3324
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 7482 of 2023
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Rameshwar Jha, aged about 62 years, so of Late Shobhakar Jha,
resident of Village Palasi, PO-Pategana, PS-Palasi, District-Araria,
Bihar. ... ... Petitioner(s)
Versus
1. The State of Jharkhand represented through the Principal
Secretary, Department of Food, Public Distribution and
Consumer affairs, Govt. of Jharkhand, having its office at
Project Building, Dhurwa, PO & PS-Dhurwa, District-Ranchi,
Jharkhand.
2. The Principal Secretary, Department of Food, Public Distribution
and Consumer affairs, Govt. of Jharkhand, having its office at
Project Building, Dhurwa, PO & PS-Dhurwa, District-Ranchi,
Jharkhand.
3. The Joint Secretary, Department of Food, Public Distribution
and Consumer affairs, Govt. of Jharkhand, having its office at
Project Building, Dhurwa, PO & PS-Dhurwa, District-Ranchi,
Jharkhand.
4. The Director, Department of Food, Public Distribution and
Consumer affairs, Govt. of Jharkhand, having its office at
Kadru, PO-Kadru, PS-Argora, District Ranchi.
5. The Deputy Commissioner, Dumka, PO & PS-Dumka, District
Dumka, Jharkhand.
6. The District Food and Supply Officer, Dumka, Department of
Food, Public Distribution and Consumer Affairs, Govt. of
Jharkhand, having its office at Dumka, PO & PS-Dumka,
District-Dumka, Jharkhand. ... ... Respondent(s)
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Vinay Kr. Tiwary, Advocate
Mr. Vishwanath Moon, Advocate
For the Respondent(s) : Mr. Manish Mishra, GP-V
Ms. Adittee Dongrawat, AC to GP-V
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th
03/ 09 February, 2026
1. Heard the parties.
2. By filing this writ petition, the petitioner is claiming the
benefit of 2nd ACP/MACP which according to the petitioner accrued on
04.01.2014, but has not been paid. He also prays that since he has
already superannuated, his pension may be revised and increased
after grant of 2nd ACP/MACP.
3. The ground taken by the respondents of non-
consideration and payment of the benefit is that the petitioner is
involved in a criminal case.
4. As per the petitioner, the petitioner was entitled to get the
2026:JHHC:3324
benefit w.e.f., 04.01.2014 and the criminal case was instituted on
09.04.2014 i.e., much after the due date. As per him, the same
cannot be a ground to stall the benefit which the petitioner is entitled
to.
5. Considering the aforesaid submission, I direct the
petitioner to file a representation before the Department of Food,
Public Distribution and Consumer affairs, Govt. of Jharkhand within
four weeks.
6. If it is found that the date when the petitioner was eligible
to get the benefit of the 2nd ACP/MACP, there was no criminal case
pending against the petitioner, the respondents will consider the
same and will pass an appropriate order within six weeks thereafter.
If the petitioner is found entitled the respondents will ensure payment
of the benefit of 2nd ACP/MACP to the petitioner within four weeks
thereafter.
7. If the claim of the petitioner is rejected, the reasons
thereof should be communicated to the petitioner within the aforesaid
period.
8. So far as the Transportation Allowance is concerned, the
respondents will consider as to whether the petitioner is entitled for
payment of Transportation Allowance or not and will pass necessary
order.
9. With the aforesaid observations, this writ petition stands
disposed of.
(ANANDA SEN, J.)
09.02.2026
S.K.D/Cp-2
Uploaded on 10.02.2026
