PANDEY NIRANJAN SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioner originally approached this Court in writ petition for payment of post-retirement benefits on his retirement on 30th June, 2012 from the post of Accounts Clerk in the office of respondent no.4- The Executive Engineer, National Highway Division, Road Construction Department, Seraikella Kharsawan. During pendency of this writ petition an office order was passed by the respondent no.3- The Superintending Engineer, National Highway Circle, Ranchi on 13th Dec., 2010 bearing letter no.1449 revoking the orders of first time bound promotion dated 9th June 1994, junior and senior selection grade dated 29th July 1995 as well as grant of 2nd ACP vide order dated 8th March, 2005. The prayer to challenge the said order through I.A. No.1003 of 2013 was allowed by order dated 1st July 2013.

(3.) Counter affidavit has been filed on before of the respondent Nos. 2 and 3 on 16th July 2013 bringing on record the impugned order dated 13th Dec. 2012 as well. Respondents took the plea that petitioner had not passed the Departmental Accounts Exam though such an endorsement was entered into in his service book by the petitioner himself relying upon the letter of Board of Revenue dated 24th Sept. 1994. Petitioner had not passed all the papers of the Departmental Accounts Exam which was necessary for promotion as well as financial up gradation. In spite of that petitioner was granted junior selection grade and senior selection grade w.e.f. 1st April 1989 and 1st April 1994 respectively by the Superintending Engineer of Swarnarekha Command Area Circle vide Annexure-J. His salary was revised in the scale of Senior Accounts Clerk at Rs.4500-7000.00 w.e.f. 1.1.1996 which post he was not holding. By office order dated 8th March, 2005 he was again granted 2nd ACP in the scale of Rs.5500-9000.00 w.e.f. 9th Aug. 1999 without passing the requisite Departmental Accounts Exam though subject to confirmation of the Finance Department but arrear payments were taken without due verifications and confirmation. The Commissioner, Singhbhum (Kolhan Division) objected to the confirmation of 2nd ACP vide letter dated 14th May 2007 on the same ground that it is not clear from the entry in the service book as to how many papers of Departmental Accounts Exam (preliminary and final stage) were cleared by him. He also sought query whether cadre of the petitioner had been changed w.e.f. 1st July 198