Entitlement to benefits contingent upon submission of original service book within stipulated time.

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 time bound promotion as well as confirming the benefits of Assured Career Progression (for short “ACP”).

3. As per the factual matrix, the petitioner was appointed as Auxilary Health Worker on 23.05.1964, which was subsequently confirmed and designated as Block Extension Educator on 06.08.1966. Thereafter, the petitioner was promoted to the post of Deputy District Extension and Media Officer on 20.06.1979 and since then he was working on the same post and retired from the post of Deputy District Media Officer, Chaibasa on 30.11.2001. It is the specific case of the petitioner that after retirement, the entire documents were sent for confirmation of ACP benefits to the office of the Commissioner, Singhbhum, Chaibasa but till date no order has been passed. Thereafter, petitioner made several representations and communication to the respondent-authorities regarding granting the benefits of time bound promotion and ACP but till date on one ground or the other, the same has not been extended to the petitioner and hence, he has been constrained to knock the door of this Court for redressal of his grievances.

4. Mr. K.S. Nanda, learned counsel appearing for the petitioner submits that till date no order has been passed though petitioner retired in the year 2001 and he is entitled for the benefits of time bound promotion and ACP. Learned counsel further submits that the reasons assigned by the respondent-authorities are not tenable in the eyes of law since service book is always kept as record in the office of the concerned Department of the State Govt. and petitioner has no access to it and hence, a direction be given to the respondents to consider the case of the petitioner for granting the benefits of time bound promotion and ACP.

5. On the other hand, Mr. Arun Kumar Dubey, learned counsel appearing for the respondent-State draws the attention of the Court towards Annexure-C to the counter-affidavit and submits that petitioner was responsible for non-passing of the order since it is admitted fact that he had taken the original service book which is not denied though after repeated communications to the petitioner till date he has not returned the same and as such, appropriate orders could not be passed. Learned counsel further submits that almost 22 years have passed after retirement and as such, claim of the petitioner is not tenable in the eyes of law.

6. Having heard the parties across the bar and upon perusal of the documents brought on record, it appears that admittedly petitioner had taken away the original service book and after repeated reminders and communications, he has not submitted the same and in want of the original service book, issue could not be sorted-out regarding grant of benefits of ACP as well as time bound promotion. However, since petitioner has retired in the year 2001 itself and almost 22 years have passed and since it is not a case argued by the counsel for the State that petitioner is not entitled for benefits and only in want of original service book the same was not considered, I hereby direct the petitioner submit the original service book along with a copy of this order before the respondent-authorities within a period of three weeks from the date of receipt of a copy of this order and thereafter, the respondents shall consider the same and pass appropriate orders and if petitioner is found entitled for the benefits, as prayed for, the same shall be extended to him within a further period of six weeks. Let it be made clear that if the petitioner fails to submit the original service book within a period of three weeks from the date of receipt of a copy of this order, he will not be entitled for any benefits.

7. With the aforesaid observations and directions, the writ petition stands disposed of.