RAVI SHANKAR PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioners have approached this Court with a prayer for issuance of writ in the nature of certiorari for quashing the Officer Order Nos. 90 and 89, as contained in Memo Nos. 3246 and 3245, both dated 21.10.2008 [Annexures-10 and 11 respectively] whereby they have been communicated that due to non-passing of the Accounts Examination, 1st Time Bound Promotion granted to them in the year 1995 is being canceled and it has been decided to recover Rs.1,10,686/- and Rs.1,04,075/- respectively from them in 60 installments without initiating any departmental proceeding or without following the procedures of law. Further prayer has been made for quashing the office order no. 128, as contained in Memo No. 3693, dated 25.08.2005 (Annexure-6), issued by the Conservator of Forest, Hazaribagh Circle, Hazaribagh by which 1st Time Bound Promotion granted to the petitioners with effect from 24.09.1995 and 09.10.1995 (respectively), have been canceled on the ground that they had not passed the Accounts Examination and it was also decided to recover excess amount paid to them in one installment.

(3.) The facts in short giving rise to the instant writ petition is that petitioners were appointed and joined as Assistant Clerks on 24.09.1985 and 09.10.1985 respectively and they performed their duties to the satisfaction of all concerned. No departmental proceeding was ever initiated or is pending against them nor any criminal case was ever lodged or pending against them. The Secretary, Forest and Environment Department, Bihar, vide Letter No. 1997, dated 03.05.1988 informed the Principal Chief Conservator of Forest, Bihar, Ranchi that as per order of the Finance Department for the purpose of grant of Time Bound Promotion to the Non-Gazetted Officers, passing of Departmental Examination or Accounts Examination is not at all essential. The same was communicated to all Chief Conservator of Forest and Divisional Forest Officers that as per decision of the Finance Department, passing of departmental examination and accounts examination is not at all necessary/ essential for the purposes of grant of time bound promotion. The Principal Chief Conservator of Forest, Bihar, Ranchi, vide his letter no. 1203, dated 19.03.1996 informed to all the concerned officers that if any employee has completed requisite service period and has not been granted even one promotion, then he/she would be entitled for the Time Bound Promotion because it does not change nature of their job.