MANOJ KUMAR THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the order as contained in Memo No. 501 (S) dated 06.02.2010 (Annexure-5), passed by the Respondent No. 4 the Deputy Secretary, Road Construction Department, Government of Jharkhand, Ranchi, by which Assured Career Progression (hereinafter referred to as "A.C.P.") granted to the Petitioner w.e.f. 09.08.1999 was cancelled, by holding that the Petitioner is not entitled to 1st A.C.P. w.e.f. 09.08.1999 rather he is entitled to 1st A.C.P. w.e.f. 02.08.2003. At the same time, order as contained in Memo No. 1486 (S) dated 20.03.2010 (Annexure-7), under which the aforesaid order was confirmed has also been sought to be quashed.

(2.) It is the case of the Petitioner that pursuant to the Advertisement issued by the Bihar Public Service Commission (hereinafter referred to as "B.P.S.C"), the Petitioner applied for the appointment on the post of Assistant Engineer. On being interviewed, the Petitioner came out successful wherein out of 600 candidates, he was shown at serial No. 514 in the panel. Accordingly, the B.P.S.C. made recommendation for His appointment, but the Petitioner was never offered appointment whereas one Sharad Kumar securing only 41 marks/points was appointed, though the Petitioner had secured 45 marks/points and, therefore, the Petitioner made representation on 21.06.1988 but no reply was given to the Petitioner., However, the same list was revised after two years wherein in case of the Petitioner, it was recorded that he was given wrongly 12 marks/points for his B. Tech degree instead of 7 marks/points on that count and thereby, the Petitioner's mark/point was reduced from 45 to 40. Similarly, marks of one Sharad Kumar was reduced from 41 to 36. All these discrepancies occurred due to conversion of cumulative grade point average into percentage of marks allotted to the Petitioner and other candidates, who had obtained degree from IIT, Delhi, but that had wrongly been applied in case of the Petitioner, as the Petitioner had obtained 6.5 marks/points out of total 10 points and if the same is converted into the percentage, the Petitioner would be entitled to 65.10 marks/points.

(3.) Under these circumstances, the matter was challenged before the Patna High Court in C.W.J.C. No. 9184 of 1988, which was disposed of on 10.04.1990 in the following terms: