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2020 DIGILAW 904 (JHR)

Suresh Prasad Sinha v. State of Jharkhand

2020-09-21

DEEPAK ROSHAN

body2020
JUDGMENT : DEEPAK ROSHAN, J. 1. Heard learned counsel for the parties through V.C. 2. The instant application has been preferred by the petitioner for a direction upon the respondent authorities to grant the ACP Scheme to the petitioner by virtue of Notification dated 14.08.2002, issued by the respondent-State and further recalculate the pensionary benefits awarded to the petitioner in the light of the Annexure-5, order passed by this Court. 3. At the outset, learned counsel for the petitioner submits that he is having no contact with his client. In this view of the matter, the matter may be disposed of by giving liberty to the petitioner that if at all any grievance still subsists, then he can raise the grievance before the appropriate authority. 4. A supplementary counter affidavit has been filed on behalf of the respondent no. 5 wherein it has been stated that the petitioner is not entitled to get the promotion under A.C.P. Scheme in the light of notification no. 5207 dated 14.08.2002 issued by the State Government, Finance Department inasmuch as the petitioner has not passed the Examination (Accounts). Copy of the notification no. 5207 has already been annexed as Annexure-B to the counter affidavit filed earlier. It has been further stated in para-24 of the counter affidavit filed earlier that the petitioner has retired on 31.12.2000 and as per order no. 3917 dated 30.06.2001 of the Additional Secretary to the Government, Finance Department, Government of Jharkhand “No promotional benefits should be granted without passing departmental examination in case of accounts clerk.” The petitioner is not entitled to get monetary benefits payable under A.C.P. Scheme as per the clear order of the Deputy Secretary, Water Resources, Government of Jharkhand vide his letter no. 2104 dated 14.07.2010 in which it has been clearly stated that the accounts clerk working in works department of Government of Jharkhand has not passed the departmental examination (Accounts) will not get the benefits of A.C.P. even if time bound promotion is given to the employee prior to 01.09.1983. A copy of the letter no. 2104 dated 14.07.2010 has already been annexed as Annexure-C to the counter affidavit. It has been further stated that so far as the payment of other retiral dues is concerned, the petitioner was granted provisional pension immediately after his retirement which would be apparent from letter dated 08.07.2003 and the details provided with it. A copy of the letter no. 2104 dated 14.07.2010 has already been annexed as Annexure-C to the counter affidavit. It has been further stated that so far as the payment of other retiral dues is concerned, the petitioner was granted provisional pension immediately after his retirement which would be apparent from letter dated 08.07.2003 and the details provided with it. The petitioner has also been granted his gratuity and is also getting his final pension regularly which would be apparent from the Gratuity payment order and the pension payment order (PPO) annexed herein to this supplementary counter affidavit. 5. Learned counsel for the respondent submits that the entire payment has been made to the petitioner and the details of which has been stated in the counter affidavit inasmuch as the petitioner has been granted gratuity and also getting final pension regularly which would be evident from the gratuity payment order and pension payment order annexed as Annexure-B series to the supplementary affidavit dated 10.08.2020. 6. Having heard learned counsel for the parties and after going through the documents available on record, it appears that the entire retiral benefits has been paid to the petitioner and the petitioner is not entitled to get promotion under the ACP Scheme in the light of Notification No. 5027 dated 14.08.2002, issued by the State Government, Finance Department, since the petitioner has not passed the departmental examination (Accounts). 7. In view of the facts and circumstances of the case, the instant application is disposed of with a liberty to the petitioner that if at all any payment is pending apart from the statement made in counter affidavit; he will be at liberty to raise his grievance before the appropriate authority within a period of two months from today. If any such representation is filed, the same shall be disposed of in accordance with law. 8. With the aforesaid observation and direction the instant writ application is hereby disposed of.