Heard learned counsel for the petitioner and the State.

The petitioner has come forward with two fold grievances ; (i) that his post retirement benefits should be revised as implemented under 6th Pay revision on 1st January, 2006 and be paid along with its arrear since his retirement from the post of Section Officer on 31st July, 2007 from the Forest and Environment Department, Government of Jharkhand and (ii) he has challenged the show cause notice dated 23.2.2010, Annexure 8 under which he was asked to reply as to why he be not reverted to the post of Assistant having not cleared the departmental examination, which was a prerequisite for getting time bound promotion, which had been granted to him on 11.8.1987, Annexure 1. The petitioner has enclosed an information obtained under RTI, Annexure 10, according to which he claims that the show cause was only a formal letter and the decision has already been taken.

In order to consider the controversy raised herein, the facts, which were not in dispute, are as follows:-

Petitioner's date of birth is 10th July, 1947. He was appointed on the post of Assistant on 1.7.1977. He was granted first time bound promotion w.e.f. 1.3.1987 vide Annexure 1 dated 11.8.1987. The petitioner had admittedly cleared two papers of the Departmental Examination in the year 1985 and 1995 but he could not clear the third paper in the year 1997. However, on completion of 50 years of age on the recommendation of the Principal Chief Conservator of Forest he was granted exemption from passing the Departmental Examination vide Annexure 4, the order dated 28.12.2002 issued by the Personnel and Administrative Reforms Department, Government of Jharkhand. The petitioner, thereafter, got promotion to the post of Section Officer in the year 2004. Before his retirement he was also granted the benefit of first and second A.C.P., vide Annexure 2 dated 16.10.2006 w.e.f. 9.8.1999 and second from 1.3.2001 in the scale of Rs.6500-10500/- and Rs.10000-15200/-. The said order was issued under the signature of the Joint Secretary, Department of Personnel and Administrative Reforms, Government of Jharkhand. After his retirement on 31.7.2007 recommendations were made by the Principal Chief Conservator of Forest Jharkhand for grant of 6th pay revision, vide letter dated 29.4.2009, Annexure 6. However, thereafter he was served a show cause notice on 23.2.2010, Annexure 8, as to why he be not reverted to the post of Assistant for having not passed the Departmental Examination at the time when he was granted first time bound promotion.

According to the petitioner, as per information furnished under RTI, Annexure 10, after consideration of the petitioner's reply and the matter being referred to the Department of Personnel and Administrative Reforms, Government of Jharkhand, the petitioner has been informed that Department has found no reason to reconsider the said decision to revert him to the post of Assistant. The impugned noting obtained under RTI has also been challenged on behalf of the petitioner, inter alia, on the ground that for grant of time bound promotion, passing of Departmental Examination was not a requirement. In this connection he has relied upon a judgment rendered by Learned Single Bench of the Patna High Court in the case of Lala Devendra Prasad Vs. the State of Bihar & Ors, reported in 2000(1) PLJR 228 and in the case of Bhola Nath Pattanayak Vs. the State of Jharkhand & Ors., reported in 2004(1) JLJR 306. He has further submitted that there are no departmental proceedings against him during his service period and on fulfillment of necessary criteria i.e. on completion of 50 years of age he has been granted exemption w.e.f. 28.12.2002. Thereafter he was granted promotion to the post of Section Officer also, which is wholly proper in the eye of law. It has further been submitted that the impugned action has been taken after his retirement and that too in respect of the event which took place more than two dec