PRAKASH RAJAK 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 The order dated 22.09.2012 and further to direct the respondents to grant ACP to the petitioner on completion of 12 years of service with effect from 09.08.1999, second ACP on completion of 24 years of service with effect from 19.11.2001 and third MACP on completion of 30 years of service with effect from 01.09.2008 in the pay scale of Rs.5,000/- - 8,000/-, Rs.5,500/- - 9,000/- and Rs.9,300/- - 34,800/- (Grade Pay of Rs.4,600/-) respectively. Petitioner has further prayed for a direction upon the respondents to pay differences of salary, other admissible allowances of applicable/revised scale and retirement benefits including gratuity, leave encashment and pension on the basis of revised scale with interest over the dues amount which is found payable.

(3.) The Facts In Short As Has Been Delineated In The Instant Writ Petition Is that petitioner joined his service as Accounts Clerk on 19.11.1977 and thereafter he was granted Junior Selection grade on 01.04.1981. He however was not granted any regular promotion and ultimately petitioner retired as Accounts Clerk on 31.01.2012 while posted at National Highway, Road Division, Jamshedpur. Case of the petitioner is that he was granted promotion, though not a regular one, by way of Junior Selection Grade prior to 1983 and as such, he should have been exempted from passing accounts examination for the purpose of grant of ACP and MACP. Since petitioner was getting scale of Rs.4,500/- - 7,000/- prior to grant of ACP in light of pay revision and as such entitled for higher respective scale. Petitioner claims that he is entitled for 1st ACP from 09.08.1999 in the pay scale of Rs.5,000/- - 8,000/-; 2nd ACP from 18.11.2001 in the pay scale of Rs.5,500/- - 9,000/-; 3rd MACP from 01.09.2008 in the pay scale of Rs.9,300/- - 34,800/- (Grade Pay of Rs.4,600/-).