ASHOK KUMAR DEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner for seeking the mandamus, directing the Respondents to grant the Assured Career Progression Scheme with effect from 09.08.1999 by virtue of the Notification, issued by the State of Jharkhand on 14.08.2002. He further sought relief of mandamus to recalculate the pensionary benefits awarded to the petitioner after giving him the benefits of the A.C.P. as claimed in the writ application.

(2.) THE petitioner joined the Department of Tenughat Dam Division on 16.10.1965 as a Junior Accounts Clerk and on 28.02.2003, the petitioner superannuated from the post of the Senior Accounts Clerk from the office of the Executive Engineer, Tenughat Dam Division. During the course of his service, a Notification was issued by the Government in the year 2002, by which A.C.P. was allowed to the employees who had completed 12 years of their services after the first promotion. THE petitioner was denied the said A.C.P. and his pensionary benefits were also calculated without calculating the A.C.P. on his count. THE Respondents contested the case and they have taken a plea that according to the Circular issued by the State Government, which contains a specific clause that the employee who clears the departmental examination, would be granted the Assured Career Progression Promotion. THE petitioner has not cleared the departmental examination.

(3.) THE Respondents refuted the said contentions.