LAWS(JHAR)-2009-12-213

YOGENDRA MAHTO Vs. STATE OF JHARKHAND

Decided On December 10, 2009
YOGENDRA MAHTO Appellant
V/S
State of Jharkhand; Secretary cum Commissioner, Water Resources Department, Government of Jharkhand; Chief Engineer, Water Resources; Executive Engineer, Minor Irrigation Division, Chaibasa; Accountant General, Jharkhand, Ranchi Respondents

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking issuance of a direction to the respondents to implement and pay the arrears of pay pursuant to the grant of benefits of Assured Career Progression (ACP) Scheme vide letter dated 21.11.2007 ( Annexure 2) with effect from 9.8.1999 and further direction is also sought to pay and fix pension in the revised pay scale of Rs. 5500-9000/- . Prayer has also been made for payment of interest at the rate of 18 % per annum.

(2.) In substance, the petitioner has been granted 1st and 2nd ACP, but the monetary benefits thereof have not been paid to him which is claimed to be due from 9.8.1999.

(3.) Counter affidavit has been filed by the respondents in which it has been stated that the grant of monetary benefits of the ACP w.e.f. 9.8.1999 is pending for confirmation by the Finance Department. It is further stated that papers for confirmation was submitted to the Commissioner who had returned the same with certain objections. However, it is further stated that after removal of the defects, the papers were again submitted to the Commissioner.