Mohan Prasad vs State of Jharkhand and Others

Narendra Nath Tiwari, J.—The petitioner has prayed for a direction on the respondents to grant the benefit of first time bound promotion with effect from 23rd May, 1991 and the benefit of Assured Career Progression Scheme (for short ACP) on completion of 12 years of service and pay the consequential arrears of difference of pay. According to the petitioner, he was initially appointed as Extra Clerk in the Registry Office at Hazaribagh on 1st April, 1972. Subsequently, by Office Order No. 711981 dated 6th March, 1981, the petitioner was appointed as Temporary Clerk. Thereafter, the petitioner was appointed as Permanent Clerk by promotion by Letter No. 233 dated 3rd April, 2006. The petitioner on completion of ten years of service was entitled for time bound promotion with effect from 23rd May, 1991, but the same was not granted to the petitioner. The petitioner was thereafter became entitled for second time bound promotion with effect from 9th August, 1999, but the same was also not granted to the petitioner. He retired from service on attaining the age of superannuation on 31st January, 2011. Even after retirement, the said benefits have not been given to the petitioner till date in spite of his repeated requests and representations.

The claim of the petitioner has been opposed by the respondents by filing counter affidavit. It has been stated, inter alia, that the first time bound promotion was due on 23rd May, 1991, when the State of Jharkhand was not in existence. The petitioner was then employee of State of Bihar. The petitioner should have claimed the said benefits from that State. So far as the benefit of ACP is concerned, the petitioner''s claim(s) is to be placed before the said Committee in the next meeting and the appropriate order shall be passed in accordance with the decision of the said Committee.

Having heard learned counsel for the parties and considered the facts and materials on record, I find that the petitioner was an employee in the office of Sub Registrar, Hazaribagh from the very beginning up to the date of his retirement. The petitioner, admittedly, retired on attaining the age of superannuation on 31st January, 2011 from the office of the Sub Registrar, Hazaribagh. In view thereof, after creation of the State of Jharkhand, the place of the petitioner''s posting was within the territorial jurisdiction of the State of Jharkhand. The petitioner retired from the services of the State of Jharkhand. He got all other admissible benefits from that place. In that view, all the dues/arrears of the petitioner''s service period or retirement benefits are payable by the State of Jharkhand. The claim of the petitioner, regarding the benefit of first time bound promotion as also the benefit of 2nd ACP, thus, has to be disposed of by the State of Jharkhand. The ground of denial of consideration of first time bound promotion of the petitioner is wholly arbitrary and contrary to the provisions of law.

Considering the above, this writ petition is disposed of, giving liberty to the petitioner to file a fresh representation, regarding his claim, before the Registrar-cum-Deputy Commissioner, Hazaribagh-Respondent no. 2. On receipt of representation, the said respondent shall consider the same and pass appropriate order, in accordance with law, within two months from the date of receipt of representation.

If the petitioner''s claim is found genuine, the admitted arrears or difference of pay shall be paid to the petitioner within six weeks thereafter. The respondents shall take appropriate step to revise the pensionary benefits of the petitioner, if his one or the other claim is accepted and shall also pay his admitted consequential arrears.