PRAMOD KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has filed this writ petition with a prayer to quash letter no. 1380, dtd. 20/10/2011, whereby ACP/ MACP granted to him long back has been canceled and order has been passed for recovery of excess amount on the ground that he has not passed Departmental Accounts Examination. Petitioner has further prayed for quashing of the letter no. 601, dtd. 21/3/2014, issued by the respondent no. 3 whereby after order of this Court dtd. 17/1/2014, passed in W.P.(S) No. 8 of 2012, after inviting showcause, respondent - Chief Engineer has confirmed the previous letter no. 1380, dtd. 20/10/2011 holding that as per Finance Department's letter no. 493, dtd. 22/2/2007,

(3.) The facts in short as has been delineated in the instant writ petition is that petitioner was appointed on 6/12/1972 on the post of Accounts Clerks and on completion of 10 years of satisfactory service, he was granted First Time Bound Promotion on 6/12/1982 and entry in this regard was made in the Service Book. In the year 1992, a policy decision was taken by the Government that those accounts clerks of Works Department who have got promotion before 1/9/1983, shall not be reverted on the ground that he has not passed the Accounts Examination conducted by the Revenue Board. Further, because in First Promotion passing of examination is required, but since first promotion has been granted before 1/9/1983, subsequent promotion shall also be available if he fulfills other conditions, and circular to this effect was issued vide letter no. 3814, dtd. 21/7/1992. Pursuant to the order passed by the High Court in C.W.J.C. No. 4167 of 1998 (R), the Finance Department, Government of Bihar issued a letter no. 8094, dtd. 21/11/2000 and letter no. 465, dtd. 13/2/1995, confirming that passing of Accounts/ Departmental Examination for further promotion is not necessary if First Promotion has been granted before 1/9/1983. Similar stand was taken by the successor State of Jharkhand also which has been reiterated in letter no. 1256, dtd. 9/5/2003. In view of said stand of the Department, petitioner and others were granted Second Assured Career Progression with effect from 9/8/1999 and a letter to this effect had been issued vide letter no. 2287, dtd. 30/10/2006. Thereafter, on completion of 30 years of service, petitioner was also granted MACP. However, when without any showcause notice, the benefits of ACP granted to the petitioner had been recalled vide letter no. 1380, dtd. 20/10/2011, petitioner moved this Court vide W.P.(S) No. 8 of 2012 which was disposed of on 17/1/2014 quashing the impugned letter no. 1380, dtd. 20/10/2011. Thereafter, showcause notice had been issued to the petitioner vide letter no. 398, dtd. 24/2/2014 and a short period of three days' time was allowed to the petitioner to give reply thereof. However, the respondents did not consider reply to showcause and vide letter no. 601, dtd. 21/3/2014 upheld the previous order issued vide letter no. 1380, dtd. 20/10/2011 which was already quashed by this Court.