BIRENDRA KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since the aforementioned writ applications involve common questions of law, therefore, the said writ applications have been heard analogously and with the consent of the respective counsels, are being disposed of by this common order.

(2.) The seminal issue, which hinges for determination of the aforesaid writ applications, is as to whether passing of the Accounts Examination is required for grant of upgradation under the time bound promotion or under the A.C.P. Scheme. The contentions of the learned counsels in the respective writ applications are that the grant of benefit of time bound promotion/ACP has been cancelled on the ground of not passing the accounts examination by relying on the provisions of 157 (3) (j) of the Bihar Board's Miscellaneous Rules, 1958, which is not required for the purpose of upgradation in the pay-scale under the ACP Scheme, because as per the condition laid down in the Circular issued on 30.11981, the requirement of upgradation under the promotion/ACP Scheme are that the employees, who possesses eligibility condition, as required for regular promotion as per the recruitment Rules and there is no requirement of passing of Accounts examination for promotion to the higher post.

(3.) The petitioner in W.P. (S) No. 4168 of 2008, has inter alia, prayed for issuance of a writ of certiorari for quashing of the office order dated 07.02008 (Annexure-3) communicated through Memo No. 640, dated 28.02.1989, by which the Regional Chief Conservator of Forest ordered the forest conservator as per the order of the Principal Chief Conservator of Forest ordered for cancellation of promotion given to the employees, who were given Time Bound Promotion without passing the departmental examination or the accounts examination on the ground of breach of principles of natural justice and non-issuance of show cause notice prior to issuance of the impugned order. The petitioner has further prayed for quashing of the order dated 10.06.2008 (Annexure-5), issued by the Divisional Forest Officer, Koderma Division wherein, the order has been passed for recovery of Rs.31,197/- from the salary of the petitioner, which has been paid during May, 1983 to October, 1996 on account of the first time bound promotion and the petitioner has further prayed for issuance of writ of certiorari for quashing the letter dated 27.09.2007 (Annexure-2), issued by the RCCF, Hazaribagh to the Conservator of Forest for cancellation of the time bound promotion and for a direction to the respondents to consider the case of the petitioner for the first time bound promotion, from the date, it became due and for fixation of the pay-scale, accordingly with all consequential benefits.