JAI PRAKASH NARAYAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner is said to have retired on 31.3.2010 from the post of Sub Inspector(Operator) under the Jharkhand Police. He had joined the Police Wireless on 13.9.1973 and have got the benefits of first and second A.C.P. under the A.C.P. scheme of Government of Jharkhand. Just before his retirement he was sent for Grade I training which remained incomplete due to his retirement and therefore, he could not appear in the Grade I examination held on 11.6.2010 to 14.6.2010. This has been the reason for refusal of benefit of third M.A.C.P. to the petitioner as would be evident from Annexure -4, office order No. 361/2012 issued by the Superintendent of Police, Technical Service and Telecommunication, Government of Jharkhand. Petitioner has sought to challenge the part of the order which denies him the said benefit. The ground for assailing the same on behalf of the petitioner is that the respondents are responsible for sending him for training in a belated manner which he could not complete due to his impending retirement. As such, this should not be made a ground for refusal of M.A.C.P. benefits.

(3.) LEARNED counsel for the respondent -State has relied upon the same M.A.C.P. scheme (Annexure -D) more specifically para 14 of the Appendix 1 under which the petitioner was required to complete the eligibility criteria of passing the Grade 1 examination for availing the said benefit. It is submitted that batches of such personnel were sent for training of Grade 1 post in terms of their seniority and there has been no discrimination in the matter vis -a vis the petitioner. Since the petitioner could not appear and completed the Grade 1 training course, he is not entitled to the benefit of third M.A.C.P. On these grounds the prayer of the petitioner has been resisted.