ANIL KUMAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court for quashing the order dated 02.02.2018 passed by respondent No.4, the Deputy Commissioner, Deoghar, whereby, all the benefits which have been given to the petitioner since 2003 on account of passing of Hindi Noting and Drafting Examination held on 22.06.2003 has been withdrawn on the ground that on the said date the petitioner was not in regular service. Further, prayer has been made for staying the order dated 02.02.2018, passed by respondent No.4 as contained in Annexure-6 to the writ petition.

(2.) The case of the petitioner lies in a narrow compass. The petitioner was appointed as a Clerk in the Collectorate Office, Deoghar on daily-wages basis on 19.01.1988. The petitioner was given equal pay for equal work till regularization of service in light of order passed by the Honourable Patna High Court. Thereafter, in view of notification issued by the State Government, the Hindi Noting and Drafting Examination was to be held on 206.2003. Pursuant thereto, the petitioner made application through proper channel for appearing in the said examination, which was forwarded by the respondents. The petitioner appeared in the said Hindi Noting and Drafting Examination, held on 206.2003 and was declared successful and his name appeared at Sr. No.10 in the list of successful candidates communicated vide letter dated 27.11.2003 issued by the Deputy Secretary respondent No.3.

(3.) It is further the case of the petitioner that the services of the petitioner was regularized on 24.07.2007 and his services was also confirmed vide order dated 31.05.2012. As the petitioner has cleared the Hindi Noting and Drafting Examination, the benefits of annual increment and fixation of pay of the petitioner was revised and approved by the District Accounts Officer, Deoghar vide letter dated 20.05.2010. It is the specific case of the petitioner that, all of sudden all the benefits which were granted to petitioner on the ground of passing of Hindi Noting and Drafting Examination were withdrawn on account of petitioner being not in regular service as on date of passing of the said examination. Being aggrieved, the petitioner made several representation before the respondents with all details, but neither any order has been passed till date nor the same has been considered and as such, the petitioner has been constrained to move before this Court.