STATE OF JHARKHAND Vs. PREM CHANDRA PRASAD VERMA

JUDGEMENT

(1.) The dispute in this appeal is on the question of conferring on the writ petitioner the benefit of Assured Career Progression Scheme (A.C.P.) of the State of Jharkhand. The respondent-writ petitioner was a Clerk with the Drinking Water and Sanitation Department, Government of Jharkhand. His date of birth is 1st Aug., 1948. As per the applicable rule of A.C.P., he became entitled to such benefit on a date later to 1st Aug., 1998 on attaining the age of fifty years, provided he otherwise fulfilled the criteria stipulated in the applicable rules. The entitlement of A.C.P. benefit originates from the Assured Career Progression Scheme framed by the State authorities. The eligibility for getting such benefit is specified in a memorandum dated 15th May, 1992 bearing Memo No. 3/R-1-109/91/Ka-4674. The Clauses 1, 2 and 3 of this memorandum stipulates:-

(2.) The respondent-writ petitioner had appeared in the departmental examination for the first time in 1994 and cleared one paper only. He again appeared in the departmental examination in 1997 but could not clear the second and third papers. He had applied again for sitting in the examination in 1999. We find from a communication originating from the Superintending Engineer, Public Health and Engineering Circle, Ranchi dated 16th May, 2001 that due to his official engagement he could not appear in the 1999 examination. A copy of this communication has been annexed at page 79 of the Memorandum of Appeal.

(3.) The initial order of rejection of the respondent's claim was made on 6th Sept., 1999 and the reason given therein is that he was not fulfilling the conditions stipulated in Clause 3 of the aforesaid memorandum. It has however not been clarified on which particular requirement of Clause 3 there was default on the part of the writ petitioner. There was another rejection letter which was issued subsequent to the recommendation made by the Superintending Engineer. In this rejection letter dated 10th Oct., 2001, a copy of which has been annexed at page 80 of the Memorandum of Appeal, the reason shown for rejection is that the writ petitioner's plea stood earlier rejected and there was appeal provision to contest such rejection order. Learned First Court upon considering the materials available held and directed:-