Passing the Accounts Examination was not a requirement for Time Bound Promotion and ACP benefits.

JUDGMENT

S.N.Pathak, J. (CAV) - Heard learned counsel for the parties.

2. Petitioner has approached this Court with a prayer for quashing the office order bearing no. 148, dated 30.09.2013, communicated under Memo No. 2148, dated 30.09.2013 of the Chief Engineer, Water Resources Department, Deoghar whereby his claim for benefits under Time Bound Promotion/ACP/MACP Scheme has been rejected on the ground that he has not passed Departmental Accounts Examination and he has not been exempted from the same. Petitioner has further prayed for a direction upon the respondents to grant him benefits of Time Bound Promotion/ACP/MACP Scheme, as was given to his counter parts.

3. The factual exposition as has been delineated in the instant writ petition is that petitioner joined the post of Work Sarkar (Class III post) on 24.11.1973 in the office of Executive Engineer, Mahgawan Irrigation Division, Bhagalpur in pursuance to the order no. 2953, dated 24.11.1973 of the Superintending Engineer, Irrigation Circle, Bhagalpur. The services of the petitioner was absorbed under the regular establishment as Correspondence Clerk in the pay scale of Rs. 284-372 vide order no. 139, dated 24.09.1981 of the Chief Engineer, Deoghar. Upon his absorption with effect from 01.03.1981, petitioner joined the post of Correspondence Clerk on 10.01.1983 at Irrigation Circle No. II, Jamui. He was thereafter transferred to the office of Superintending Engineer, Western Koshi Canal Circle in Nirmali Darbhanga. Thereafter, upon his transfer to Irrigation Circle, Dumka on 16.08.2000, petitioner joined there on 20.08.2000. Upon attaining the age of 60, petitioner superannuated from service as Correspondence Clerk on 31.07.2013.

4. It is case of the petitioner that he was declared pass in Hindi Noting and Drafting Examination on 10.08.1986 duly conducted by the Rajbhasha Vibhag, Bihar. The services rendered by the employees under work charge establishment has to be taken into account for the purposes of benefits under Time Bound Promotion/ACP/MACP Scheme consequent upon their absorption under the regular establishment. Under the policy of the State, though petitioner is entitled for two Time Bound Promotion i.e. 1st Time Bound Promotion on completion of 10 years of service with effect from 01.04.1981 and 2nd Time Bound Promotion on completion of 25 years of service, but he has been denied the 2nd Time Bound Promotion though said benefits has already been extended to his counterparts.

5. After bifurcation of the State, petitioner was allocated State of Jharkhand. Pursuant to Resolution bearing No. 3/M6 (Promotion) 02/2002 - 5207 (F), Dated 24.08.2002, a Scheme under the Assured Career Progression Scheme was introduced by the Finance Department, Government of Jharkhand which came into force with effect from 09.08.1999. According to the said Scheme, every employee of the State Government was to be extended benefits of 1st ACP on completion of 12 years of service and 2nd ACP on completion of 24 years of service and monetary benefits has been ordered to be given with effect from 15.11.2000 but the petitioner has not yet been given benefits of financial upgradation either under the Time Bound Promotion Scheme or benefits under the ACP Scheme though the same has been extended to his counterparts. Though petitioner made various representations, but the respondents did not pay any heed to the same.

It is further case of the petitioner that upon recommendation of 6th Pay Revision, Modified Assured Career Progression Scheme came into force with effect from 01.01.2006 which provides that every employee of the State Government is entitled to get benefits of financial upgradation under the said Scheme on completion of every 10 years of service i.e. 1st on completion of 10 years of service, 2nd on completion of 20 years of service and 3rd on completion of 30 years of service, but petitioner has been deprived of the same though the same has been extended to his counterparts.

6. Being agg