Research › Search › Judgment

Jharkhand High Court · body

2012 DIGILAW 984 (JHR)

Babajee Singh v. State of Jharkhand

2012-07-16

ALOK SINGH

body2012
ORDER 1. Petitioner has invoked writ jurisdiction of this Court seeking mandamus to direct the Respondents to consider the case of petitioner for granting him benefit of Assured Career Plan from the date, his juniors have been given Assured Career Plan promotional benefits, in view of the fact that, petitioner has completed his 12 years service as Junior Accounts Clerk. 2. Undisputedly, petitioner was initially appointed as Peon vide Memo No.2278 dated 16.07.1980 issued by the Superintending Engineering, Rural Engineering Organisation, Work Circle, Ranchi. Since, petitioner was having requisite qualification for the appointment on the post of Junior Accounts Clerk, therefore, petitioner has appeared in the departmental examination for the post of Junior Accounts Clerk. Petitioner was appointed as Junior Accounts Clerk vide Memo No.1087 dated 29.07.1988. 3. Petitioner was denied benefit of Assured Career Plan saying since petitioner was already granted his first promotion to the post of Junior Accounts Clerk in the year 1988, therefore, benefits of second A.C.P. shall be granted to the petitioner only after 24 years of service w.e.f. 1988. Feeling aggrieved, petitioner has knocked the doors of this Court. 4. Mr. Afaque Ahmad, learned counsel for the petitioner, has submitted that post of Junior Accounts Clerk is not a promotional post. He has further argued that posts of Junior Accounts Clerk are filled up by the direct recruitment and there is no provision of promotion to the post of Junior Accounts Clerk from the cadre of Peon. Mr. Afaque Ahmad, learned counsel for the petitioner has further contended that only those peons, who are having requisites qualification for the post of Junior Accounts Clerk may apply for the said post, and therefore, post of Junior Accounts Clerk may not be treated as promotional post. 5. Mr. Ravi Kerketta, learned counsel appearing for the Respondents has vehemently argued that since petitioner was initially appointed as Peon in the year 1980, and thereafter, given promotion to the post of Junior Accounts Clerk in 1988, therefore, petitioner is not entitled for the benefit of first A.C.P. on completion of 12 years of service. He, however, submits that petitioner's case for the benefits of second A.C.P. on completion of 24 years service on the post of Junior Accounts Clerk, is under consideration with the State. 6. He, however, submits that petitioner's case for the benefits of second A.C.P. on completion of 24 years service on the post of Junior Accounts Clerk, is under consideration with the State. 6. On being asked repeatedly, learned counsel appearing for the Respondents, could not show or point out any Rule/Regulation to say that post of Junior Accounts Clerk can be filled up on promotion from the cadre of Peons. He, however, submits that since petitioner was initially working as Peon, therefore, even if he is given fresh appointment on the post of Junior Accounts Clerk on the basis of examination held by the department, petitioner is not entitled for first A.C.P. 7. Having given thoughtful consideration on the arguments advanced by the learned counsel for the parties, I find substance in the submission of learned counsel for the petitioner that petitioner was given fresh appointment on the post of Junior Accounts Clerk as revealed from Annexure 1 (Appointment Letter). Perusal of Annexure 1 (Appointment Letter) would suggest that petitioner was given appointment and posting and this letter nowhere suggests that petitioner was given promotion. I am of the firm opinion that in the absence of any Rule/Regulation, it cannot be said that post of Junior Accounts Clerk can be filled up by promotion from the cadre of Peon. As per the scheme under Assured Career Plan, an employee is entitled for the monetary benefits of the next promotional scale after completion of 12 years of service. Since, petitioner has completed 12 years service on the post of Junior Accounts Clerk w.e.f. 1988, therefore, he seems to be entitled for the benefit for the first Assured Career Plan. 8. Present petition is allowed. Respondents are directed to release the monetary benefits to the petitioner under the first Assured Career Plan within sixty days from today. Petition allowed.