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 grant of Annual Increments which has fallen due on 01.07.2013 with all consequential benefits. Further prayer has been made for proper fixation of pension and to pay the arrears of post-retiral benefits, which has not been paid due to non-inclusion of annual increment.

3. As per the factual matrix, petitioner was appointed as Junior Engineer under the Hazaribagh Division of Water Resources Department on 06.02.1979. The petitioner was granted time bound promotions/benefits of ACP from time to time and the same were also confirmed by departmental orders. Petitioner was also considered for regular promotion and was promoted to the post of Assistant Engineer on 30.04.2013. It is the specific case of the petitioner that when he was posted at Hazaribagh Waterways Division, Ghagra Dam was under construction at war footing due to which the chief Engineer did not allow to leave the head-quarter and as such he could not appear in the departmental and professional examination held in the year 2013. Since passing of departmental and professional examination was an essential requirement for grant of annual increment as per Rules, hence his case was not considered for grant of annual increment which had fallen due on 01.07.2013. Thereafter, on attaining the age of superannuation, the petitioner superannuated on 31.01.2014, from Ranchi division of respondent-department but neither had he received the post-retiral benefits nor his pension has been properly fixed as yet due to non-inclusion of annual increment and hence he has been constrained to knock the door of this Hon’ble Court for redressasl of his grievances.

4. Mr. Mitul Kumar, learned counsel appearing for the petitioner vociferously argues that petitioner is entitled for annual increment and post-retiral benefits. Learned counsel submits that in the year 2013, when the departmental examination was conducted, he was directed by the Chief Engineer of the concerned Department not to leave his headquarter for any reasons as the work of Ghagra Dam was under construction at war footing and hence, for the said reasons the petitioner could not appear in the departmental examination. Learned counsel places heavy reliance on letter dated 15.05.1992, issued by the Personnel and Administrative Reforms Department, Govt. of Bihar, which entitles the petitioner for grant of exemption from appearing in the departmental examination on attaining the age of 50 years. Referring to the relevant provisions of letter dated 15.05.1992, learned counsel submits that the case of the petitioner comes within the ambit of Clause-(I) of the said letter framed for exemption from passing of the departmental examination and as such, a direction be given to the respondents to grant the benefits of Annual Increments and Post Retiral benefits.

5. Per contra, counter-affidavit has been filed. Mr. Sharad Kaushal, learned counsel appears for the respondent-State while Mr. Sudharshan Srivasvata, learned counsel appears for the respondent-Accountant General.

Learned counsel for the respondent-State submits that the petitioner joined his services as Junior Engineer in the year 1979 and subsequently, on 30.04.2013, the petitioner was promoted to the post of Assistant Engineer and accordingly, he gave his joining on the said post on 03.05.2013. Thereafter, on attaining the age of superannuation, the petitioner superannuated on 31.01.2014. Learned counsel submits that as per Para-55 of Jharkhand Public Works Department Code, all Assistant Engineers are required to pass the departmental/professional examination within two/three years of joining the said post. Learned counsel further submits that the contention of learned counsel for the petitioner that no full-fledged departmental examination, either oral or written, was conducted and the petitioner had no occasion to appear i