Yugal Kishore Roy … v. 1. The State of Jharkhand 2. The Secretary, Drinking Water & Sanitation Department, Ranchi
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 7786 of 2012 --- Yugal Kishore Roy … … Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Drinking Water & Sanitation Department, Ranchi 3. The Engineer-in-Chief, Drinking Water & Sanitation Department, Ranchi 4. The Chief Engineer, Drinking Water & Sanitation Department, Ranchi 5. The Regional Chief Engineer, Drinking Water & Sanitation Department, Ranchi Division, Ranchi 6. The Superintending Engineer, Drinking Water & Sanitation Department, Ranchi Circle, Ranchi 7. The Executive Engineer, Drinking Water & Sanitation Department, Ranchi East, Ranchi … Respondents ---
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioners For the State --- : Mr. P. K. Mukhopadhyay, Advocate : Mr. Rajesh Kumar, G.P. V --- 04/25.11.2013 The petitioner has approached this Court seeking a direction upon the respondents for grant of 1st A.C.P. from 09.08.1999 and the grant of the benefit of 2nd M.A.C.P. with effect from 01.09.2008. 2. Heard the learned counsel appearing for the parties and perused the documents on record. 3. The learned counsel appearing for the petitioner has submitted that the petitioner was initially appointed on the post of Typist on 14.07.1987 under Respondent No. 7 and he has completed more than 24 years of service however, no promotion was granted to the petitioner. 4. The learned counsel appearing for the respondents has submitted that the petitioner has suppressed a vital fact in as much as, he has not disclosed in the present writ petition that the petitioner was initially appointed on 26.05.1980 and he was promoted to the post of 'Tracer' with effect from 02.08.1986. 2 Thereafter, he was promoted on the post of Typist with effect from 14.07.1987. Moreover, in terms of the departmental Resolution No. 5207 dated 14.08.2002, which has been reiterated by the State of Jharkhand under letter dated 08.02.2010, an employee is required to pass a departmental examination which admittedly the present petitioner has not passed and therefore, the benefit of A.C.P. or M.A.C.P. cannot be granted to the petitioner. 5. A counter-affidavit has been filed by the respondents stating as under:- 6. “That most humbly and respectfully it is stated and submitted that Sri Yugal Kishore Roy (Petitioner) has been appointed to the post of Ferro Printer in the respondent department on 26.05.1980. Sri Yugal Kishore Roy (Petitioner) was promoted to the post of Tracer (Anurekhak) w.e.f. 02.08.1986. Thereafter Sri Yugal Khshore Roy (Petitioner) has been promoted to the post of Typist w.e.f. 14.07.1987 in the office of the Executive Engineer D.W. & S. Division, Ranchi West, Ranchi. Thereafter Yugal Kishore Roy (Petitioner) has been transferred and posted in the office of the Executive Engineer D.W. & S. Division, Ranchi East, Ranchi (Respondent No. 6) on 18.12.1995. Department of Finance, Government of Jharkhand vide its resolution no. 5207 dated 14.08.2002 started the assured Career Progression scheme to its employees on completion of 12/24 years of service, but para 3(vii) of the Resolution clearly states that the condition/standard laid down for general promotion such as passing of Departmental Examination, obtaining higher qualification, etc. which are necessary as per appointment and promotion rule will be compulsory for ACP promotion also. Since Sri Yugal Kishore Roy has not passed the Departmental Accounts Examination which is a compulsory criterion for promotion of the Correspondence Clerk, Clerk-cum-Typist etc. to the next cadre post of Head Clerk. Therefore, Sri Yugal Kishore Roy has not been 3 given any ACP/MACP Promotion. That most humbly and respectfully it is stated and submitted that Department of Finance, Government of Jharkhand (Bihar) vide its letter no. 447 dated 09.01.1973 has remained the post of the typist under the field establishment to the lower division clerk and has made permanent post of the field Establishment. Therefore, there is no separate cadre of Correspondence Clerk, Clerks, Clerk- cum-Typist who belong to the same cadre. They have a common gradation list & Promotional cadre post consisting of Head Clerk. Therefore, the qualification necessary for the post of Correspondence Clerk is also necessary for the promotion of the typist. Hence persons working on the post of typist in the Works Department of Government of Jharkhand have to pass the Departmental Accounts Examination. This fact is evident in letter no. 343 dated 08.02.2010 of the Water Resources Department, Government of Jharkhand. Government 7. That with regard to the statement made in para 1 and prayer portion of the writ petition it is most humbly and respectfully stated and submitted that it is true that Sri Yugal Kishore Roy (petitioner) has completed 12 years of service on 09.08.1999 & 20 years of service on 19.09.2008. As per clause (3)(vii) of of Finance Department 3/MO-6 Jharkhand Resolution no. (Promotion)-02/2002-5207 dated 14.08.2002 it has categorically been mentioned that “For financial upgradation under ACP scheme the general promotion conditions such as passing the departmental examination; achieving higher qualification etc. which are inherent in the rules and regulation for promotion, has to be achieved.” As Sri Yugal Kishore Roy (Petitioner) is working on the post of Upper Division Clerk under the field establishment of the works department for financial upgradation under ACP Scheme it is compulsory for him to pass the Departmental Accounts Examination. (F) 4 Hence Yugal Kishore Roy (Petitioner) is not eligible for financial upgradation under ACP Scheme. That there is no separate category of typist in the field establishment of the Works Department. In the field establishment of the Works Department there is a Single common category of typist, Clerk-cum-Typist and Correspondence Clerk. They have common gradation list. They are given promotion in the hierarchy to the post of Head Clerk. That most humbly and respectfully it is further stated and submitted that the Government of Bihar, Department of Rajbhasa letter no. 408 dated 10.03.1986 is regarding relaxation granted to the typist from passing the Hindi Noting & Drafting Examination for sanction of Annual increment. It does not imply that they do not have to pass the Departmental Accounts Examination for promotion.” 6. The learned counsel appearing for the petitioner has contended that there is a circular which says that on attaining the age of 50 years, an employee is not required to pass the departmental examination. He has further submitted that in other cases of similarly situated persons, the department has granted the benefit of A.C.P. and M.A.C.P., whereas the petitioner has been denied such benefit. 7. On perusal of the documents on record, I find that in the counter-affidavit, a specific stand has been taken by the respondents that the petitioner was promoted on the post of Tracer and thereafter, on the post of Typist. Moreover, I find that under Resolution No. 5207 dated 14.08.2002, there is a specific requirement of passing the departmental examination, before extending the benefit of A.C.P. and M.A.C.P. to the employee. The case on which the petitioner has relied upon, would indicate that those cases are clearly distinguishable on facts. I find that the Government letter provides that after a candidate fails in his/her 5 attempt to pass the departmental examination, on attaining 50 years of age, exemption may be granted by the department. No exemption from passing departmental examination has been granted to the petitioner. Moreover, the petitioner was granted promotion earlier. 8.
Decision
In view of the aforesaid, the writ petition is dismissed. Manish (Shree Chandrashekhar, J.)