GANGESHWAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for direction upon the respondents to consider his case for grant of Annual Increments which has fallen due on 1/7/2013 with all consequential benefits. Further prayer has been made for proper fixation of pension and to pay the arrears of post-retiral benefits, which has not been paid due to non-inclusion of annual increment.

(3.) As per the factual matrix, petitioner was appointed as Junior Engineer under the Hazaribagh Division of Water Resources Department on 6/2/1979. The petitioner was granted time bound promotions/ benefits of ACP from time to time and the same were also confirmed by departmental orders. Petitioner was also considered for regular promotion and was promoted to the post of Assistant Engineer on 30/4/2013. It is the specific case of the petitioner that when he was posted at Hazaribagh Waterways Division, Ghagra Dam was under construction at war footing due to which the chief Engineer did not allow to leave the head-quarter and as such he could not appear in the departmental and professional examination held in the year 2013. Since passing of departmental and professional examination was an essential requirement for grant of annual increment as per Rules, hence his case was not considered for grant of annual increment which had fallen due on 1/7/2013. Thereafter, on attaining the age of superannuation, the petitioner superannuated on 31/1/2014, from Ranchi division of respondent-department but neither had he received the post-retiral benefits nor his pension has been properly fixed as yet due to non-inclusion of annual increment and hence he has been constrained to knock the door of this Hon'ble Court for redressasl of his grievances.