RAMDEO MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for quashing and setting aside the order dated 05.02.2013 as contained in Memo No. 283 (Annexure-4 to the writ petition), whereby and whereunder, the earlier order granting the benefits of ACP to the petitioner has been cancelled and respondents have directed to consider the case of the petitioner for grant of benefits of ACP w.e.f. 20.02.2011 as the Departmental Examination was held on 19.02.2011.

(2.) Further prayer has been made to grant the benefits of ACP to the petitioner, which was granted earlier w.e.f. 20.08.2008 in the scale of Rs. 930034800.00 with grade pay of Rs. 4200.00 and also to fix the pension on revised pay scale and release the arrears of other consequential benefits with statutory interest.

(3.) The case of the petitioner lies in a narrow compass. The petitioner was appointed to the post of Typist on 20.08.1996 in Civil Court, Bokaro and his services was duly confirmed by the respondents. As per the service rules and guidelines, which is meant for consideration for grant of benefits of ACP, the petitioner became entitled for the benefits of first ACP on completion of 12 years of service i.e. on 20.08.2008. Therefore, he represented before the respondents, stating therein as no departmental examination were held since 2003, he has applied for appearing in the departmental examination to be held on 10.02.2009 and also stated that he has completed 50 years of age and as such, he may be exempted from appearing in the departmental examination. Thereafter, on 15.12.2012, the petitioner was granted the benefits of First ACP w.e.f. 20.08.2008 in the pay scale of Rs. 5000-150-8000.00 and granted pay band-II in the scale of Rs. 930034800.00. The petitioner enjoyed the said benefits till the year, 2012, but on 5.02.2013, the respondents issued Annexure-4 to the writ petition, wherein the grant of benefits of first ACP has been directed to given w.e.f. 20.02.2011 and not from 20.08.2008 as it was found that the petitioner had cleared the departmental examination only in the year, 2011. Though the petitioner represented before the respondents annexing the order passed by this Court in W.P.(S) No. 2443 of 2016 (Chitaranjan Prasad Verma Vs. The State of Jharkhand) which is at Annexure 8 to this writ petition which exactly covers the case of the petitioner but the respondents-authorities instead of considering the case of the petitioner, have relied on a different judgment and order passed by this Honourable Court in W.P. (S) No. 2333 of 2013 (Subodh Kumar Nandkeolyar Vs. The State of JharkhandOrs.). Aggrieved thereto, the petitioner has preferred instant writ petition.