BAIDYANATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing part of the order as contained in memo no.751/T.S. dtd. 2/8/2019 (Sl. No.5), so far as the same relates to the petitioner, passed by the Inspector General of Police (Provision), Jharkhand, Ranchi- respondent no.5, whereby the petitioner has been denied the benefits of 2 nd and 3rd MACP on the ground that he has passed "Hindi Reading and Writing Examination" on 23/3/2016 and, therefore, he would be entitled for grant of 1st MACP from the date of passing of the aforesaid examination and thereby he goes out from the zone of consideration for 2nd and 3rd MACP. The petitioner has also prayed for declaration that he has rightly been granted the benefit of 2nd MACP and, therefore, no recovery can be made from his retiral benefits.

(2.) Learned counsel for the petitioner submits that the petitioner was appointed on the post of Constable on 22/6/1981 and he retired from service on 31/7/2021. It is submitted that the petitioner was granted 1st ACP in the year 1999 and 2nd ACP in the year 2005. It is further submitted that the petitioner was entitled to the benefit of 3rd MACP in the year 2011 after completion of 30 years of service however the same was not given to him. It is submitted that while the petitioner was working as Hawaldar, a letter bearing no.575/P. dtd. 14/2/2014 was issued by the In-charge Deputy Inspector General of Police (Personnel) to all the Superintendents of Police and Commandants to ensure that in the light of Rule 678(D) of the Jharkhand Police Manual, all constables and Hawaldars shall have to pass Hindi Reading and Writing Examination within one year of their appointment. If they have not passed the matriculation examination with Hindi or in any such examination in Hindi which is recognized from time to time by the State Government as equivalent to matriculation examination, such constables or Hawaldars will not be entitled for annual pay increment. It is submitted that the petitioner appeared in Hindi Writing and Reading Examination and passed the same on 23/3/2016.

(3.) It is further submitted that the petitioner despite having passed the Hindi Reading and Writing Examination in terms with Rule 678(D) of the Jharkhand Police Manual, an erroneous order as contained in Memo no.751/T.S. dtd. 2/8/2019 was issued by the respondent no.5, denying benefits of 2nd and 3rd MACP to the petitioner on the ground that he passed the said examination on 23/3/2016 and, therefore, he was entitled only for the benefit of 1st MACP from the date of passing of the said examination. By reasons of the order, the petitioner goes out from the zone of consideration for grant of 2nd and 3rd MACP.