JUDGMENT :

S.N. PATHAK, J.

1. Heard the parties.

2. Petitioner has approached this Court with a prayer for direction upon the respondents to consider his case for exemption from passing the Departmental Examination of Accounts and consequentially, grant such exemption to the petitioner. Further prayer has been made for a direction upon the respondents to grant him the benefits of 2nd ACP/MACP in the pay-scale of Rs. 5200-20200 with G.P. of Rs. 2800, since the Establishment Screening Committee has already taken decision for grant of benefits of 2nd ACP/MACP to the petitioner. Petitioner has also prayed for a direction upon the respondents to grant all consequential benefits, like arrears of salary and re-computation of pensionary benefits, pursuant to extension of benefits of 2nd ACP/MACP.

3. Bereft of unnecessary details, the petitioner was initially appointed to the post of Class-IV under respondent-Department on 30.07.1985. Thereafter, petitioner was promoted to the post of Clerk vide office order dated 02.12.1995, after having passed the departmental examination for promotion to the said post. On attaining the age of superannuation, petitioner retired from the post of In-charge Head-Clerk on 31.12.2012. It is the case of the petitioner that during his entire tenure of service he was granted only one promotion to the post of Clerk and as such, he is entitled for grant of benefits of ACP on completion of 12/24 years of respective service. The petitioner appeared in the Hindi Noting and Drafting Examination conducted by Rajbhasha Department, State of Bihar in the year 2001 itself and he also passed the Accounts Lower Standard Paper-I, which is required to be passed by a Clerk. It is the further case of the petitioner that though he appeared in the examination of Accounts Higher Standard Paper-II held in the year 2007 but unfortunately he did not clear the same. Thereafter, till the date of his retirement, the said examination was never conducted by the State of Jharkhand. Under such circumstances, the petitioner filed representation before the respondent No. 2 on 16.04.2008, for considering his case for grant of exemption from passing the Departmental Examination, however, no heed was paid to his said request. Thereafter, petitioner filed several representations before the respondent No. 2 to consider his case for granting the benefits of ACP after exemption from departmental examination but all went into vein. It is the specific case of the petitioner that case of the petitioner for grant of 2nd ACP was considered by the Establishment Screening Committee headed by respondent No. 2 and the Committee found the petitioner fit for the said benefits. Inspite of that, the respondents have not granted the benefits of 2nd ACP to the petitioner. Aggrieved by the same, petitioner has knocked the door of this Court.

4. Mr. Sumeet Gadodia, learned counsel appearing for the petitioner submits that petitioner is entitled for granting exemption from the Departmental Examination, especially in view of the fact that after 2007, no departmental examination was conducted in respect of Accounts Part-II till the date of his superannuation i.e. 31.12.2012 and thus, he was prevented from appearing and passing the said examination. Learned counsel submits that the petitioner is entitled for grant of benefits of 2nd ACP/MACP from the due date in terms of the ACP Scheme formulated by the respondent-State of Jharkhand. Learned counsel further submits that due to non-consideration of his case for exemption from appearing in the departmental examination, the petitioner made to immensely suffer, especially because petitioner’s right for grant of 2nd ACP/MACP is being prejudiced due to non-grant of exemption and the action of the respondent in not granting exemption from passing the departmental examination in question and consequently not granting the benefits of 2nd ACP/MACP is wholly illegal, arbitrary and violative of Articles 14 and 19(1)(g) of the Constit