JUDGMENT : ANANDA SEN, J. Heard the parties. 2. In this writ petition, petitioner has prayed for mandamus upon the respondent-State to immediately confirm the service of the petitioner and consequently to make payment of 1 st , 2 nd and 3 rd ACP/ MACP benefits, especially taking into consideration that the petitioner has continuously served for more than 36 years without being promoted even for a single occasion till the date of his superannuation. 3. The admitted fact of this case is that the petitioner was appointed as a Clerk in the Department of Commercial Taxes, and was posted in Motihari Circle, under the then State of Bihar. Thereafter, he was transferred to Dhanbad Circle. After bifurcation of the State of Bihar, the service of the employee was taken over by the State of Jharkhand. It is also an admitted fact that he is getting his pensionary benefit, but neither any promotion was given to the employee during his entire tenure of service nor he was granted the benefit of ACP/MACP. He retired on 31.01.2016, after rendering long successful service. Claiming the said benefits, he approached this Court. 4. It is the case of the petitioner that as his service was not confirmed by the Department, he has not been granted the benefit of ACP/MACP, though he has rendered continuous service for 36 years in the Department before his superannuation. 5. Learned counsel representing the respondent – State submits that the service of the employee has not yet been confirmed and without confirmation of service, the employee is not entitled for ACP/MACP benefit. It has been submitted that there was no sanctioned post, when he was appointed. The fact that the employee had worked for 36 years and had superannuated from the department and that he is receiving the pensionary benefits, has not been denied by the State. His appointment is also not denied. 6. The aforesaid admitted facts of the case reflect the highest degree of exploitation by the State. After taking service from a Clerk for 36 years and after his superannuation, the State’s plea that the service of the employee cannot be confirmed, is atrocious. This attitude is unbecoming of a model employer, which is unexpected from the State. 6. The aforesaid admitted facts of the case reflect the highest degree of exploitation by the State. After taking service from a Clerk for 36 years and after his superannuation, the State’s plea that the service of the employee cannot be confirmed, is atrocious. This attitude is unbecoming of a model employer, which is unexpected from the State. Once the employee had worked for 36 years and had superannuated and was receiving pension, the respondents cannot take a plea that his service cannot be confirmed, nor can deprive him of the benefits of ACP/MACP. The stand taken by the State is deprecated. 7. Thus, a mandamus is issued to the State of Jharkhand and the Chief Secretary, Government of Jharkhand, is directed to take appropriate step to immediately confirm the service of the petitioner and grant him the benefit of ACP/MACP and revise the pension accordingly. The entire monetary benefits should be disbursed to this petitioner. The entire process should be completed within a period of eight weeks from the date of receipt a copy of this order. 8. With the aforesaid observations, the writ petition stands disposed of .