KAMESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has retired on 31.7.2010 after having worked for about 32 years since his initial appointment on 22.8.1978 on the post of Unit Clerk in the respondent Information and Public Relation Department, Government of Jharkhand.

(2.) In the present writ petition, he is aggrieved by two orders one dated 9.8.2011 and the another order dated 6.6.2012 issued consequent thereafter being Annexures-6 and 7 wherein benefits of 1st Time Bound Promotion granted w.e.f. 20.8.1988 vide office order No. 89 dated 28.2.1989 and 1st ACP granted w.e.f. 9.8.1999 and 2nd ACP granted w.e.f. 31.11.2002 vide office order dated 6.9.2008 have been cancelled and the petitioner has been granted the benefit of 1st and 2nd ACP w.e.f. 25.10.2007 i.e. the date he has been granted exemption from passing departmental examination by the respondents. Consequent to the cancellation of the earlier orders of Time Bound Promotion and ACP, the scale has also been refixed and excess pay drawn by him earlier has been sought to be recovered.

(3.) The petitioner has assailed the impugned order inter alia on the ground that (i) the order granting time bound promotion and ACPs was issued by the Director, information and Public Relation Department, of the erstwhile Government of Bihar vide Annexure-3 dated 28.2.1989 and by the Director of the same Department, Government of Jharkhand vide Annexure-4 dated 8.9.2008 without any fraud or misrepresentation on his part, (ii) the petitioner had completed. 50 years on 31.7.2000 and had also claimed for exemption from passing departmental exam, in full consciousness of the respondents which was also granted on 25.10.2007. Therefore, the respondents are not justified in cancelling benefit granted to him after his retirement without any notice or show cause, 22 years earlier in the year 1989 and also w.e.f. 1999 and 2002 in the case of 1st and 2nd ACP, (iii) it is submitted that the case of the petitioner is fully covered by the judgment rendered by the Hon'ble Supreme Court in similar circumstances in the case of Kusheswar Nath Pandey vs. State of Bihar & Ors., 2013 12 SCC 580.