DEVIDAS GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No. 8786 of 2015

(2.) THIS interlocutory application has been filed seeking permission to challenge order dated 31.12.2012, a copy of which has been produced along with the counter -affidavit filed on behalf of the respondents. In view of the averments made in the application, I.A. No. 8786 of 2013 is allowed.

(3.) THE learned counsel appearing for the petitioner relying on the order dated 06.02.2010 and letter dated 09.11.1983, which has been reiterated in letter No. 4674 issued in May, 1992, has contended that, since the petitioner completed the age of 50 years on 01.06.1999, he become eligible for grant of exemption from passing the departmental examination. Considering this aspect of the matter, the Screening Committee in its meeting dated 15.06.2004 recommended for grant of benefit of 2nd ACP to the petitioner. The learned counsel has further submitted that in view of the letter dated 05.12.2012, Superintending Engineer, who has issued letter dated 31.12.2012 is not competent to recall/cancel grant of ACP.