BASHARAT HUSSAIN Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Petitioner in this writ application, has prayed for quashing of the letter contained in Memo No. 2465 dated 1.12.2004 (Annexure-3), by which the benefit granted to the petitioner under the assured career promotion scheme has been cancelled. A further prayer has been made for a direction to the respondents to immediately and forthwith fix his pension and other pensionary benefits after giving him two higher grade scale of pay in pursuance to the scheme of assured career promotion scheme on completion of period of 12 years and 24 years of service from the date of his joining, along with arrears and consequential benefits.

(2.) The petitioner was appointed to the post of Junior Accounts Clerk on 11.6.1962 under the respondents and on attaining 58 years of age, he was superannuated from service on 31.1.2002 while he was posted in the office of Executive Engineer, Minor Irrigation (Design Division), B.P.D.B., Ranchi. Despite his rendering more than 40 years of service, the petitioner was not granted any single promotion during his entire service tenure, although vide notification dated 14.8.2002, the State had introduced scheme of assured career promotion to all Government employees who completed 12 years and 24 years of continuous service respectively by way of first and second time bound promotion. The petitioner therefore filed his representation before the concerned authorities of the respondents and on considering the fact that the petitioner had served for almost 40 years, he was granted the first higher - grade scale on 11.10.2004 on completing 12 years of service with effect from 11.6.1974 and later, the second higher grade scale on completing 24 years of service with effect from 11.6.1986 and his scale of pay was fixed in the pay scale of Rs. 5500-9000. Though, the benefit of A.C.P. scheme was given to the petitioner, but by the impugned order, it was recalled on the ground that he had not passed the accounts examination and, therefore, he is not entitled for the benefits of assured career promotion scheme. The petitioner has challenged the impugned order on the ground that it is arbitrary, illegal and without justification. Ms. Ritu Kumar, learned Counsel for the petitioner, would explain that though, the rules contained in Government circular assured financial up-gradation relating to the Jharkhand State Employees, stipulates for grant of A.C.P. to the Government employees, but such employee should pass the departmental examination, which in the case of the petitioner, is the accounts examinations, but the requirement under the Rules shall be deemed to have been relaxed in the event the employee has crossed the age of 50 years and even otherwise, such stipulation cannot be deemed to be a mandatory stipulation. Relying upon the judgment of this Court passed in the case of Ram Jee Prasad Singh Vs. State and others and another, 1999 (3) PLJR 648 judgment of the Patna High Court in the case of Paras Nath Mtshra and others Vs. State of Bihar and another, 2000 (3) PLJR 690 learned Counsel submits that though, stipulation for passing the departmental examination was contained in the rules, but an amendment was introduced in the rules by notification issued by the Government on 29.4.1985. The petitioner who was appointed and joined his service as Junior Accounts Clerk on 11.6.1962, on completing 12 years of continued service, he was entitled to first time bound promotion and likewise, on completing 24 years of continuous service, he was entitled for second time bound promotion. It is further submitted that even otherwise, on attaining the age of 50 years, the petitioner became entitled for relaxation by exemption from taking the departmental examination.

(3.) A counter - affidavit has been filed on behalf of the respondent State, wherein respondents have reiterated that Rules relating to assured career promotion scheme, it was incumbent upon the Government employee to pass the departmental examination and since the petitioner has not passed the accounts examination during his service period, he is not entitled to any benefit under the assured career promotion scheme.