Research › Search › Judgment

Jharkhand High Court · body

2014 DIGILAW 337 (JHR)

Subodh Kumar Nandkeolyar v. State of Jharkhand represented through the Chief Secretary, Government of Jharkhand

2014-03-04

APARESH KUMAR SINGH

body2014
ORDER Heard counsel for the parties. 2. By letter no. 3722 / J dated 14th December 2012 issued by the Deputy Secretary, Department of Law (Judicial), Government of Jharkhand contained at Annexure-6, dates of grant of monetary benefits of 1st ACP and 2nd MACP have been shifted from 30th July 2002 to 21st February 2011 and 30th July 2010 to 28th May 2012 respectively. 3. The petitioner is an Assistant working in the Civil Court, Bokaro having been appointed on 30th July 1990. By office order no. 160 /2003 contained at Annexure-2 issued under the signature of Principal District and Sessions Judge, Bokaro, certain employees including the petitioner were granted the benefit of 1st ACP. The petitioner was granted the benefits of 1st ACP by the said letter with effect from 30th July 2002 in the scale of Rs. 4500-7000/-. On completion of twenty years of service, by Annexure-4 Office order No. 319/2012 issued by the same authority, several employees of the Civil Court, Bokaro were granted the benefits of MACP. The petitioner got the benefits of 2nd MACP with effect from 30th July 2010 in the scale of Rs. 9300-34,800/- with grade pay of Rs. 4600/-. These two ACP and MACP were provisionally granted, subject to confirmation by the Department of Law (Judicial), as per rule framed by the Department of Finance. 4. The petitioner has occasion to feel aggrieved on issuance of Annexure-6 by the Deputy Secretary, Law (Judicial), Government of Jharkhand dated 14th December 2012 whereunder the date of 1st ACP was shifted to 21st February 2011 in the scale of Rs. 5000-8000 as the petitioner passed the first part of the departmental exam on 20th February 2011. Similarly, the date of 2nd MACP has been shifted to 28th May 2012 in the scale of Rs. 9300-34,800/- with the grade pay of Rs. 4600/- on passing of second part of the departmental exam by the petitioner on 27th May 2012. Therefore, the petitioner is before this Court. Similarly, the date of 2nd MACP has been shifted to 28th May 2012 in the scale of Rs. 9300-34,800/- with the grade pay of Rs. 4600/- on passing of second part of the departmental exam by the petitioner on 27th May 2012. Therefore, the petitioner is before this Court. The petitioner has relied upon a judgment rendered by this Court in the case of Surendra Pal Singh vs. The State of Jharkhand & others [WPS 616/2009] dated 29th January 2014 to submit that in the said case, the employee also a lower Division Clerk in the Civil Court, Ranchi had obtained 1st time bound promotion in the year 1987 without passing the departmental exam and it was sought to be corrected by an order passed on 3rd May 2008. It is submitted that in the said case, this Hon'ble Court however was pleased to quash the order by which the District Accounts Officer, Gumla raised an objection in May 2008 relating to the grant of such benefit of 1st time bound promotion. 5. From perusal of Annexure-7 and also the stand taken by the respondents in their counter affidavit, it is apparent that the departmental exams were held in the judgeship of Bokaro on 24th November 1999, 17th November 2002, 19th February 2011, 20th February 2011 and 27th May 2012. The petitioner had not passed the departmental exam held earlier admittedly, which he passed on 20th February 2011 and 27th May 2012. As per the provisions of ACP Scheme dated 14th August 2002 and also MACP Scheme introduced with effect from 01st September 2009, the passing of the departmental exam is a pre-condition for availing the benefits of ACP / MACP. In those circumstances, upon scrutiny by the concerned office, dates on which the provisional ACP/MACP were granted by Annexures-2 and 4, have been shifted to the next date on which the petitioner has passed the departmental exam as aforesaid. In such circumstances, no infirmity can be made out on the part of the petitioner to assail the impugned order. 6. In those circumstances, upon scrutiny by the concerned office, dates on which the provisional ACP/MACP were granted by Annexures-2 and 4, have been shifted to the next date on which the petitioner has passed the departmental exam as aforesaid. In such circumstances, no infirmity can be made out on the part of the petitioner to assail the impugned order. 6. From perusal of the said judgment, it is apparent that the time bound promotion to the said person was granted with effect from 2nd December 1987 in view of resolution dated 19th February 1986 wherein it was stipulated that if such time bound promotion is granted to an employee in special circumstance without passing the departmental exam, he is required to pass the departmental exam in future in at least two successive attempts failing which, such benefit could be withdrawn and he would be reverted to the original basic grade. In the said case, the employee concerned passed the departmental exam in the very first attempt in which the exam was held in the year 1997 in the Gumla Judgeship. The District Accounts Officer did not raise any objection even in the year 2003 upon verification of the service records of the said petitioner after passing the departmental exam in the year 1997. The said petitioner also got the benefit of 1st and 2nd ACP with effect from 9th August 1999 and 2nd December 2001 on completion of 12 and 24 years of service in view of the Finance Department Resolution dated 14th August 2002 by the order issued by the District and Sessions Judge, Gumla. However, after twenty years of such grant of 1st time bound promotion, in the circumstances discussed herein-above, such objection was made by the District Accounts Officer on 03rd May 2008. In the aforesaid facts and circumstances therefore, this Court found that such an objection raised, was wholly unnecessary and unreasonable in view of the fact that the said person had already passed the departmental exam in the very first attempt in the year 1997 and had also been granted the benefit of 1st and 2nd ACP thereafter. 7. In the aforesaid facts and circumstances therefore, this Court found that such an objection raised, was wholly unnecessary and unreasonable in view of the fact that the said person had already passed the departmental exam in the very first attempt in the year 1997 and had also been granted the benefit of 1st and 2nd ACP thereafter. 7. However, the facts of the present case is distinguishable as the petitioner did not pass the departmental exam held in the district Judgeship of Bokaro in the year 1999 and 2002 and for the first time, passed the exam on 20th February 2011, where-after he has been given the benefit of 1st ACP and subsequently 2nd MACP after passing of the second departmental exam. The impugned order therefore does not suffer from any such errors of law or fact. Therefore, no interference is required. The writ petition is accordingly dismissed. Petition dismissed.