VIJOY KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is seeking quashing of the decision dtd. 26/2/2016, issued under the signature of the Superintending Engineer, Road Construction Department, Road Circle, Munger (Annexure-5) by virtue of which the benefit of first and second ACP granted to the petitioner w.e.f. 19/12/2006 vide order dtd. 2/6/2009 issued by respondent no.5 has been modified. It is the case of the petitioner that since he was exempted from appearing in the departmental accounts examination w.e.f. 19/12/2006, therefore, there was no illegality at all if the benefits of first and second ACP was granted to him from 19/12/2006 itself, keeping in mind the length of service of the petitioner.

(2.) Petitioner was initially appointed as a Blue Printer in the Public Works Department in the year 1971. He earned promotion to the post of Tracer, which post he joined on 18/4/1978. Subsequently since the petitioner was also well versed in maintenance of accounts while working as a Tracer, he came to be adjusted against sanctioned and vacant post of Junior Accounts Clerk in the Department w.e.f. 6/7/1979.

(3.) It is also the case of the petitioner that the post of Accounts clerk and Junior Accounts Clerk were merged and brought under one cadre and they were called Senior Accounts Clerk. Petitioner too became Senior Accounts Clerk w.e.f. 1/5/1980 as a result of the merger.