RAMNATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the order dtd. 14/3/2022 passed by learned Single Judge of this Court in W.P.(S) No. 5353 of 2018, whereby and whereunder, the writ petition has been dismissed declining to grant the benefit of upgradation in pay scale due to non-passing of the Senior Promotion Course examination or having no exemption in passing thereto.

(2.) The brief facts of the case as per the pleadings made in the writ petition and memo of appeal as also referred to in the impugned judgment needs to be referred herein.

(3.) It is the case of the writ petitioner that he joined in service as a Lohar Sepoy, a non-cadre post having no future avenue for promotion. Although he was appointed on 1/8/1981 and after completing the unblemished service he has superannuated from service after obtaining the age of 60 years w.e.f. 30/6/2016. His grievance is that he has not been granted any upgradation in pay scale either under the Assured Career Progression (for short ACP) scheme or under the Modified Assured Career Progression (for short MACP) scheme implemented w.e.f. 14/8/2002 vide Memo No. 5207 and 1/9/2009 implemented w.e.f. 1/9/2008 respectively. This petitioner has raised his grievance but that was turned down on the ground that he has not passed SPC examination even though five times such opportunity was given to him. He has approached to this Court by filing W.P. (S) No. 5353 of 2018 asking for the following reliefs: