Exemption from departmental examination can be granted retrospectively; discrimination against similarly situated officers violates Article 14.

JUDGMENT :

1. The present writ petition has been filed for quashing the letter no. 5760 dated 24.10.2017 (Annexure-12 to the writ petition) issued by the Under Secretary, Department of Home, Prison & Disaster Management, Government of Jharkhand-respondent no. 3, whereby the claim of the petitioner regarding exemption from passing departmental examination (Accounts) has been rejected in view of the provisions contained in para nos. (2) &(4) of the letter no.4674 dated 15.05.1992 issued by the Department of Personnel and Administrative Reforms of the erstwhile State of Bihar. Further prayer has been made for issuance of direction upon the respondents to pass an order of exempting the petitioner from passing the departmental examination. The petitioner has also prayed for issuance of direction upon the respondents to make necessary changes or correction as may be expedient after issuance of exemption order in terms with letter no.4674 dated 15.05.1992 and thereafter to make payment of arrears of pension as well as other retiral benefits on accrual of annual increments which were denied due to non-passing of the departmental examination.

2. Learned counsel for the petitioner submits that the petitioner joined the police service on the post of Sub-Inspector of Police in the year 1981 and he was promoted to the post of Inspector in the year 2006. Subsequently, he was promoted to the post of Deputy Superintendent of Police vide notification as contained in memo no.1772 dated 25.03.2015 and he joined as Deputy Superintendent of Police (Rail), Chakradharpur on 02.05.2015 from where he superannuated from service on 31.03.2017.

3. It is further submitted that for the purpose of getting further annual increments, the petitioner had to pass departmental examination in accounts for which he appeared twice, however, unfortunately could not pass the said departmental examination (accounts) on the both occasions. Thereafter, the petitioner made representation before the respondent no. 3 on 21.12.2016 through the Superintendent of Police (Rail), Jamshedpur-respondent no.6 seeking exemption from passing the said departmental examination in terms with letter no.674 dated 15.05.1992 issued by the Department of Personnel and Administrative Reforms of the erstwhile Government of Bihar, which provides necessary guidelines under which circumstances, a government employee can be relieved/exempted from passing the departmental examination. The respondent no.6 vide letter no. 855 dated 29.12.2016 also requested the respondent no.3 to take necessary action on the petitioner’s representation whereupon the said respondent vide letter no.1590 dated 22.03.2017 requested the Inspector General of Police (Human Rights), Jharkhand, Ranchi- the respondent no.4 to provide information along with recommendation as to whether the petitioner was inflicted with any punishment during his service period. In response to the said letter, the Under Secretary, Police Headquarters, Jharkhand, Ranchi-the respondent no.5 vide letter no.518 dated 04.04.2017 requested the respondent no.6 to provide information as to whether any punishment was inflicted upon the petitioner during his service period, whereupon the said respondent vide letter no.210 dated 13.04.2017 provided information that the petitioner was not inflicted with any punishment while posted as Deputy Superintendent of Police (Rail), Chakradharpur. Thereafter, the respondent no.5 vide letter no.1069 dated 31.07.2017 informed the said fact to the respondent no.3.

4. It is also submitted that the petitioner having not received any communication from the respondents as to whether his claim was allowed or rejected, he filed a writ petition being W.P.(S) No.3278 of 2018 which was disposed of by a co-ordinate Bench of this Court vide order dated 07.08.2018, directing the respondent-the Principal Secretary, Department of Home, Prison & Disaster Management, Government of Jharkhand, Ranchi to take a decision on the pending represen