BABAJEE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner has invoked writ jurisdiction of this Court seeking mandamus to direct the respondents to consider the case of petitioner for granting him benefit of Assured Career Plan from the date, his juniors have been given Assured Career Plan promotional benefits, in view of the fact that, petitioner has completed his 12 years service as Junior Accounts Clerk. Undisputedly, petitioner was initially appointed as Peon vide Memo No. 2278 dated 16.07.1980 issued by the Superintending Engineering, Rural Engineering Organisation, Work Circle, Ranohi. Since, petitioner was having requisite qualification for the appointment on the post of Junior Accounts Clerk, therefore, petitioner has appeared in the departmental examination for the post of Junior Accounts Clerk. Petitioner was appointed as Junior Accounts Clerk vide Memo No. 1087 dated 29.07.1988.

(2.) Petitioner was denied benefit of Assured Career Plan saying since petitioner was already granted his first promotion to the post of Junior Accounts Clerk in the year 1988, therefore, benefits of second A.C.P. shall be granted to the petitioner only after 24 years of service w.e.f. 1988. Feeling aggrieved, petitioner has knocked the doors of this Court.

(3.) Mr. Afaque Ahmad, learned counsel for the petitioner, has submitted that post of Junior Accounts Clerk is not a promotional post. He has further argued that posts of Junior Accounts Clerk are filled up by the direct recruitment and there is no provision of promotion to the post of Junior Accounts Clerk from the cadre of Peon. Mr. Afaque Ahmad, learned counsel for the petitioner has further contended that only those peons, who are having requisite qualification for the post of Junior Accounts Clerk may apply for the said post, and therefore, post of Junior Accounts Clerk may not be treated as promotional post.