DINESH NARAYAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General.

(2.) PETITIONER was appointed initially in work charged establishment on 18.1.1971 on the post of Pump Operator. Later by order dated 18.8.1984 he was appointed as correspondence clerk in regular establishment and by order dated 20th June, 1996 contained in Annexure -3 he was granted first time bound promotion. Petitioner superannuated from service on 31.10.2003. Petitioner is aggrieved by impugned order contained in Annexure -1 dated 15.3.2004 whereby the Accountant General, Bihar has informed the concerned Executive Engineer, Public Health Engineering Division, Darbhanga that since the petitioner was allowed time bound promotion w.e.f. 15.12.1994 without having cleared the accounts examination as required by Government Circulars and policy decision, his time bound promotion could not be given legal validity. Accordingly, petitioners pension and gratuity were determined ignoring the benefit given to the petitioner on the basis of time bound promotion w.e.f. 15.12.1994.

(3.) CONSIDERING all the facts and circumstances, it is found that petitioner was entitled for consideration for exemption from taking the required examination on account of having crossed 50 years of age and since the concerned authorities granted him time bound promotion without asking him to make specific application for relaxation or condonation, it should be deemed that the concerned authorities granted the required relaxation/exemption from taking the departmental examination. It is further found that petitioner not being guilty of any misrepresentation or fraud cannot be deprived of the benefit of such promotion after long number of years when he has superannuated from service. Accordingly, the relevant part of decision contained in Annexure -1 affecting the pension of the petitioner adversely is quashed and the Accountant General, Bihar is directed to redetermine the pension and gratuity of the petitioner without ignoring the time bound promotion granted to him by the State of Bihar w.e.f. 15.12.1994.