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Jharkhand High Court

Bhola Prasad Singh vs The State Of Jharkhand on 19 January, 2026

Author: Deepak Roshan

Bench: Deepak Roshan

                                                             2026:JHHC:1538

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W.P.(S) No. 3466 of 2015
                                .........

Bhola Prasad Singh, son of Late Deo Nandan Singh, resident of Adalbari, P.O-Hazipur, Two Police Station, District - Vaishali (Bihar) ..... Petitioner (s) Versus

1. The State of Jharkhand

2. The Principal Secretary, Department of Welfare, Government of Jharkhand, Project Building, HEC Colony, P.O. Dhurwa, P.S. Hatia, District Ranchi 3 The Deputy Secretary, Department of Welfare, Government of Jharkhand, Project Building, HEC Colony, P.O. Dhurwa, P.S. Hatia, District Ranchi.

4. The Principal, Scheduled Tribe Residential High School, Banjhi, Sahebganj, P.O. & P.S. & District - Sahebganj

5. The Accountant General (A&E), Jharkhand,, having its office at Doranda, P.O. & P.S.-Doranda, District -

        Ranchi.                         ..... Respondent(s)
                                .........


 CORAM:         HON'BLE MR. JUSTICE DEEPAK ROSHAN
                                .......
        For the Petitioner(s)               : Mr. Prabhat Kr. Sinha, Advocate
        For the Resp.-State                 : Mrs. Amrita Banjerjee, A.C. to G.P.-I
                                            .........

C.A.V. ON 04/11/2025                        PRONOUNCED ON: 19/01/2026
         Heard learned counsel for the parties.

2. In the instant writ application the petitioner has

prayed for the following reliefs:-

(i)For issuance of an appropriate writ(s), order(s) or direction(s) of or in the nature of mandamus commanding upon the respondents concerned to immediately and forthwith give confirmation of the 2nd ACP granted to the petitioner vide Office Order No. 422 dated 26.2.2008 with effect from 15.9.2005 in the pay scale of Rs. 8000 -13500, since the pension papers of the petitioner was returned by the Accountant General, Jharkhand, Ranchi (Respondent No. 5) pointing that confirmation order of 2nd ACP granted

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to the petitioner is wanting and thereafter, pension paper of the petitioner could not be forwarded for fixation of pension after rectifying the defect though the petitioner has retired from his service on 30.9.2011 itself.

(ii)For issuance of a further appropriate writ(s), order(s) or direction(s) of or in the nature of mandamus commanding upon the respondents concerned to immediately and forthwith send the pension papers of the petitioner after rectifying the defect to the Accountant General, Jharkhand, Ranchi (Respondent No. 5) for fixation of pension and payment of current as well as arrears of pension of the petitioner who retired way back on 30.9.2011 but his pension has not been finalized till;

(iii)For issuance of a further appropriate writ(s), order(s) or direction(s) of or in the nature of mandamus commanding upon the respondents concerned to make correction in the pay scale of the petitioner in the scale of Rs. 7500-12000 instead of Rs. 6500-10,500 pursuant to the pay revision with effect from 01.01.1996 and to make payment of difference of salary;

(iv) For issuance of a further appropriate writ(s), order(s) or direction(s) of or in the nature of mandamus commanding upon the respondents concerned to grant the benefits of MACP to the petitioner, who, after serving for more than 30 years, retired from service on 30.9.2011 and as such the petitioner is entitled for grant of 3rd MACP with effect from 19.5.2009, which has not been given to the petitioner till date as well as for payment of all consequential monetary benefits including arrears of salary together with interest @ 15% per annum over and above the statutory interest.

(v)"For issuance of a further appropriate writ(s), order(s) or direction(s) of or in the nature of certiorari for quashing part of memo no. 566 dated 16.03.2013; whereby and whereunder the benefits of the second ACP given to the

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petitioner vide order contained in Memo No. 422 dated 26.02.2008 in the pay scale of Rs. 8,000-13,500 has been verified in lower pay scale of 7,500-12,000 illegally) and also the subsequent order of withdrawal of second ACP vide Memo No. 2982 dated 23.09.2015 passed by Special Secretary, Welfare Department, Government Of Jharkhand, Ranchi annexed as Annexure -D & E respectively to the counter affidavit.(Allowed vide order dated 07.12.2020 passed I.A . no. 4575 of 2020).

3. The brief facts of the case as per the pleadings is that

the petitioner was appointed on 19.05.1979 on the post of

Assistant Teacher in the Scheduled Tribe Residential High

School, Garu, District Palamau. Petitioner was given

promotion on the post of B.A. Trained Teacher in the pay

scale of Rs. 415-745 on 15.09.1981. Subsequently the

petitioner was given promotion in the Junior Selection

Grade in the pay scale of Rs. 1800-3300. On 12.11.1998

the Petitioner was given promotion to the post of

Headmaster and accordingly he was posted in the

Scheduled Tribe Residential High School, Ramchak, Saran

in the pay scale of Rs. 2200-4000.

The Director, Department of Welfare, Government of

Bihar vide office order dated 23.11.1999 granted the

Petitioner and other similarly situated persons the benefit

of promotion to the post of Senior Selection Grade with

effect from 1.7.1991 in the pay scale of Rs. 2200-4000 and

2026:JHHC:1538

thereafter, on 26.2.2008, the petitioner was given the

benefits of 2nd A.C.P. with effect from 15.9.2005 in the pay

scale of Rs. 8000-13,500.

Vide Departmental letter no. 829 dated 11.02.1999,

the scale of Headmaster in the pay scale of Rs. 2200-4000

has been merged with the scale of Senior Selection Grade.

At the time of pay revision w.e.f. 01.01.1996 Respondents

have fixed the scale of the petitioner in the pay scale of Rs.

6500 -10,500 instead of Rs. 7500 - 12000.

Petitioner retired from the post of Headmaster,

Scheduled Tribe Residential School, Banjhi, Sahebganj on

30.09.2011. When the Pension papers of the petitioner was

sent for fixation of pension to the Accountant General,

Jharkhand, Ranchi, it were returned with objection that the

2nd A.C.P. given to the petitioner has not been confirmed

till date.

Petitioner submitted his representation on 28.5.2012

to the Respondent No. 2 requesting therein to pass an order

of confirmation of 2nd A.C.P. granted to the petitioner and

thereafter to send the pension papers of the petitioner

again to the Respondent No. 5 for fixation of pension. Since

the fixation of pension of the petitioner is pending because

of non-confirmation of A.C.P. benefits, therefore, the

petitioner requested him to confirm the 2nd A.C.P. granted

2026:JHHC:1538

to the petitioner immediately. Thereafter, petitioner also

filed the representations to the Respondent No. 2 on

28.09.2013 & 08.12.2014 respectively for rectifying the

mistake in revision of scale payment of difference of arrear

of salary. When no decision was taken petitioner filed this

Writ application.

4. During pendency of this Writ application the

respondents have initially reduced the scale of the

petitioner of second ACP of the petitioner in the pay scale of

Rs 7,500-12,000 in place of Rs. 8,000-13,500 and

subsequently vide Memo No. 2982 dated 23.09.2015 has

withdrawn the second ACP given to the petitioner much

after retirement of the petitioner who has retired way back

on 30.09.2011, as such petitioner has challenged the part

of order contained in Memo No. 566 dated 16.03.2013 so

far as the same relates to the petitioner and Memo No.

2982 dated 23.09.2015 by filing I.A.no.4575 of 2020 which

was allowed on 07.12.2020.

5. It has been submitted by Ld. Counsel for the

petitioner that he is pressing for the prayer no 1 (a), (c)and

(e) as the prayer no 1 (b) and (d) have been redressed.

It has been further submitted that pursuant to the

revision of pay scale with effect from 1.1.1996 while fixing

the revised scale, the respondents have wrongly fixed the

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scale of the petitioner in the pay scale of Rs. 6500-10,500

instead of Rs. 7500-12000. It is clear from the Office Order

No. 1917 dated 4.4.2000 issued by the Director,

Department of Welfare, Government of Bihar, Patna that

replacement scale of 2200-4000 pursuant to pay revision is

Rs. 7500 -12000 (Annexure-7).

It has also been submitted that the petitioner has

been given promotion to the post of Senior Selection Grade

with effect from 01.07.1991 in the pay scale of Rs. 2200-

4000 by a subsequent order contained in Memo No. 6334

dated 23.11.1999; however, the petitioner was extended the

benefit of promotion to the post of Headmaster vide office

order contained in memo no. 5983 dated 12.11.1998 in the

pay scale of Rs. 2200-4000.

Under such circumstance, the promotion to the post

of Headmaster of the petitioner in the same scale, though

given at earlier point of time, is not a promotion since the

petitioner remained in the same scale in which he has been

shifted by a subsequent order with effect from 01.07.1991

i.e. the scale of Rs. 2200-4000 pursuant to the grant of

Senior Selection Grade. Under such circumstance the

petitioner is said to have been given only one regular

promotion i.e. promotion in the B.A. Trained scale with

effect from 15.09.1981 and as such vide office order

2026:JHHC:1538

contained in memo no. 422 dated 26.02.2008 the petitioner

was given the benefits of 2nd A.C.P. with effect from

15.09.2005 in the pay scale of Rs. 8000-13,500.

6. Learned counsel for the petitioner after relying on the

judgement of State of Bihar vs Md Sanaullah1 submits

that promotion granted to the petitioner will not stand in

the way of grant of time bound promotion due to

upgradation/merger of pay scales.

7. It has been submitted by Ld. Counsel for the

respondent that the petitioner was not entitled for grant of

2nd A.C.Ps since petitioner has already been allowed two

regular promotion; in spite of the same, the petitioner was

wrongly allowed 2nd A.C.P. vide Welfare Department order

no.422 dated 26.02.2008 with effect from 15.09.2005 in the

pay scale of Rs.8,000-13,500/-and the same was confirmed

by the Welfare Department Order no.566 dated 16.03.2013

in the pay scale of Rs.7,500-12,000/- with effect from

15.09.2005.

As such in view of Paragraph-3 (V) of the

Departmental Sankalp No.5207 dated 14.08.2002, the

benefit of 2nd A.C.P. has been withdrawn, vide Welfare

Department Order as contained in memo no.2982, Ranchi

dated 23.09.2015.

2009 0 supreme (Pat) 1550

2026:JHHC:1538

She had further submitted that power to rectify

financial discrepancies in pay and pension is vested in the

appropriate authorities. As per the rules, if an employee's

pension or pay scale is found to have discrepancies, they

can be corrected at discretion of the authorities responsible

for the pension fixation.

8. Having heard learned counsel for the parties and after

going through the documents annexed with the respective

affidavits it transpires that mainly two issues are to be

decided by this Court:

(i) Whether the action of the respondents in

cancelling the 2nd A.C.P. vide order dated 23.09.2015

which was granted earlier vide order dated

26.02.2008, is justified ?

(ii) Whether the petitioner is entitled for correction in

the pay scale of Rs.7500-12000 instead of Rs 6500-

10,500/- pursuant to pay revision with effect from

01.01.1996 ?

9. So far as first issue is concerned; it transpires that

petitioner was given first promotion to the post of B.A.

trained teacher on 15.09.1981 and thereafter he has been

given 2nd promotion to the post of Head Master on

12.11.1998. Despite the fact that two promotions have

already been granted to the petitioner; he is claiming for 2nd

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A.C.P.

10. Learned counsel for the petitioner has relied upon

State of Bihar vs Md Sanaullah (supra) wherein Patna

High Court has taken reliance upon Md. Abdul Qaiyum V/s.

The State of Bihar and Others reported in 2006(2) PLJR 655.

In the aforesaid judgment the circular/letter dated

16.7.1985 has been considered and it has been held that

this letter provides that in the event promotion was given

prior to upgradation/merger of lower pay scale to higher

scale, such promotion shall not be counted as

promotion/for the purpose of granting of first-time bound

promotion.

However, in the instant case petitioner was promoted

to the post of Head Master in the Pay Scale of 2200-4000

on 12.11.1998 and thereafter vide order dated 23.11.1999

petitioner has been granted the benefit of promotion to the

post of Senior Selection Grade with effect from 1.7.1991 in

the pay scale of Rs. 2200-4000. Both posts i.e. Headmaster

and Senior Selection Grade vide order dated 11.02.1999, in

the pay scale of Rs. 2200-4000 have been merged in the

same pay scale of 2200-4000 and the judgement relied

upon by the petitioner was merger of lower pay scale to

higher scale as such is not applicable in the instant case.

11. This Court finds that the petitioner has wrongly

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received 2nd A.C.P. vide order dated 26.02.2008 with effect

from 15.09.2005 in the pay scale of 8,000-13,500/- and the

same was confirmed by the welfare department vide order

no. 566 dated 16.03.2013 in the pay scale of 7,500-

12000/- with effect from 15.09.2005. However, since the

petitioner already received two regular promotions as stated

hereinabove, in view of departmental Sankalp no 5207

dated 14.08.2002 the benefit of 2nd A.C.P has been

withdrawn vide order as contained in memo no. 2982 dated

23.09.2015. This Court finds no error in the cancellation of

2nd A.C.P. by the respondent authorities as they are having

right to correct their mistake.

12. So far as second issue with regard to correction of pay

scale of Rs.7500-12000/- instead of Rs 6500-10,500/ with

effect from 1.1.1996 while fixing the revised scale is

concerned; the respondents have fixed the scale of the

petitioner in the pay scale of Rs. 6500-10,500 instead of Rs.

7500-12000.

It transpires from the Office Order No. 1917 dated

4.4.2000 issued by the Director, Department of Welfare,

Government of Bihar, Patna that replacement scale of

2200-4000 pursuant to pay revision is Rs. 7500 -12000.

For brevity, it is necessary to quote relevant part of

aforesaid order i.e.(Annexure 7).



                                                                   2026:JHHC:1538

     को ट            वतमान वेतनमान   पन
                                      ु र   त वेतनमान वतमान वेतनमान पन
                                                                     ु र     त वेतनमान
     वर य    वर को ट -2200-4000      ---                  2200-4000        7500-12000

13. After going through the aforesaid order this

Court finds that there is apparent error in pay fixation as

per its own department letter dated 04.04.2000. This Court

holds that petitioner is entitled for pay fixation in the scale

of Rs. 7500-12000 instead of Rs. 6500-10,500/- as such

respondent is directed to pay fixation in the scale of Rs.

7500-12000/-and thereafter extend the consequential

benefits to the petitioner within period of eight week from

the receipt of copy of this order.

14. From Order dated 10.09.2015 it transpires that stay

was granted by this Court to recover excess salary

amounting to Rs 87,498/- paid to the petitioner. There was