DILIP KUMAR CHOUDHARY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for a direction upon the respondents to give the benefits of time bond promotion under earlier pay revision and benefits of ACP/MACP under VI Pay Revision. Further prayer has been made to recalculate the pension and other retrial dues of the petitioner after giving above benefits and to pay the due amount with statutory interest.

(2.) The petitioner, on the basis of recommendation of Bihar Public Service Commission, was appointed on 05.04.1978 as Circle Inspector-cum-Kanoongo. The services of the petitioner and several other persons were confirmed vide Memo No. 229, dated 13.02.1999 with effect from 05.04.1980 as Circle Inspector-cum-Kanoongo. Thereafter, several other Circle Inspectors-cum-Kanoongo were promoted to the post of Asst. Settlement Officer. Being aggrieved, the petitioner filed a writ petition before this Court bearing W.P.(S) No. 1480 of 2002 and the same was disposed of vide order dated 05.02.2004 with a direction to the State of Jharkhand to make all endeavour to complete all the process regarding issuance of order for promotion to the posts of Asst. Settlement Officer as expeditiously as possible preferably within a period of six months. In spite of above, the respondents failed to issue any order of promotion to the petitioner, thereafter, he preferred a Cont. Application being Cont. Case (Civil ) No. 1218 of 2006, however, the said Cont. was finally dropped on 17.08.2007. Pursuant thereto, the petitioner filed representation before the respondents for compliance of the orders of the writ petition as well as cont. application but the respondents authorities did not comply the order. It is further stated that in view of the cont. application, filed by the petitioner, the respondents put the petitioner under suspension and initiated a departmental proceeding against him on the basis of alleged compliant made by Dy. Commissioner, Chatra.

(3.) It is the further case of the petitioner that in the departmental proceeding, the petitioner was exonerated from the charges and his suspension was also revoked and the petitioner was ordered to join in the office of Circle Officer, Simariya Circle, Chatra and the order to that effect was issued by the Department of Revenue and Land Reforms vide Memo No. 2636 dated 29.07.2011. Subsequently, the petitioner submitted his joining on 01.08.2011 in the office of Anchal Adhikari, Simariya, Chatra. Later on, the Department of Revenue and Land Reforms issued an order as contained in Memo No. 3776 dated 10.12.2011 declaring therein, period of suspension of the petitioner from 01.04.2008 to 31.07.2011 to be treated as on duty. As the petitioner was retired from the services on 31.08.2011 on attaining the age of superannuation from the post of Circle Inspector-cum-Kanoongo, Simariya, Chatra, but he was denied the benefits of any promotion/financial up-gradation during his entire service tenure.