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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR
Sitaram Baidh – Appellant
Versus
State of Jharkhand through the Secretary, Department of Finance, Government of Jharkhand, Ranchi – Respondent
JUDGMENT :
The petitioners, who are working as Panchayat Secretaries in different blocks of Godda district, have prayed for directing the respondents to grant them due increment from the date they have passed ‘Hindi Typing Examination’ and thereafter to extend them the benefit of M.A.C.P. as per their entitlement and to pay arrears of salary accruing in their favour
2. Learned counsel for the petitioners submits that the petitioners are working as Panchayat Secretaries in different blocks of Godda district as has been mentioned in paragraph no. 6 of the writ petition. Learned counsel for the petitioners refers to paragraph no. 7 of the writ petition and submits that all the petitioners have passed Hindi Typing Examination and, therefore, they are entitled to get due increments as well as the benefits arising therefrom and MACP, however, they have not been given the same on the ground that they have not passed Tribal Language Examination. It has further been submitted that the petitioners being non-gazetted employees are not required to pass the Tribal Language Examination and hence, they deserve to be extended the benefit of increments and MACP after passing ‘Hindi Typing Examination
The court established that acceptance of appointment conditions, including language proficiency requirements, precludes later claims for exemption based on age.
The passing of Department Examination is a condition precedent for the grant of MACP benefits, and any order with civil consequences cannot be passed without adhering to the principles of natural jus....
Eligibility for benefits under the ACP/MACP Scheme is conditional upon passing relevant departmental examinations, which is mandatory for promotion.
Exemption from departmental examination can be granted retrospectively; discrimination against similarly situated officers violates Article 14.
Passing the departmental accounts examination is not a condition precedent for the grant of A.C.P./M.A.C.P. benefits.
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