SHANTI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Widow of deceased employee has knocked door of this Court for a direction upon the respondents to extend benefits of 1st and 2nd Assured Career Progression respectively to her husband in the pay scale of Rs. 2,610-4,000 and 2,750-4,400 with effect from 09.08.1999 and payment of its consequential benefits i.e. arrears of difference of salary, arrears of gratuity and earned leave including revision of pension with arrears thereof. Petitioner has further prayed to hold and declare action of the respondents as illegal in depriving husband of the petitioner in extending benefits of ACP by way of Resolution dated 03.09.2016 of the District Screening Committee, contained in Memo No. 12, dated 28.10.2016.

(3.) It has been stated that petitioner's husband was appointed as a peon on 25.08.1964 in the office of Sub-Divisional Officer, Garhwa. Pursuant to the memo no. 1254, dated 08.07.1973, issued by S.D.O., Garhwa, petitioner's husband was posted in the office of District Manager, BSFC, Palamau at Daltonganj on 08.07.197 It is alleged that vide Notification No. 5207, Dated 14.08.2002, State of Jharkhand has implemented, effected and notified A.C.P. Scheme to its employees which provides basic criteria for sanction of financial progression under the said Scheme to the concerned employees who have been working in the same scale or pay including revised scale for the prescribed period of 12/24 years. It is case of the petitioner that her husband completed more than 24 years of service on the cut-off date for grant of A.C.P. Benefits i.e. 09.08.1999 and as such, he was entitled for extending the said benefits.