IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (S) No. 4273 of 2008
...
Kumar Krishna Prasad ... ... Petitioner
-V e r s u s-
The State of Jharkhand & Others ... Respondents.
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CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
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For the Petitioner : - Mr. S. K. Sahay.
For the Respondents : - Mr. Manoj Tandon.
...
2/25.05.2009
Heard Mr. S. K. Sahay, learned counsel for the petitioner
and Mr. Manoj Tandon, learned counsel for the Respondents.
The petitioner’s prayer in this writ application is for a
direction to the Respondents to give him the benefits of the 02nd A.C.P.,
which was due to him from 06.06.2001 i.e. from the date when he had
completed 24 years of continuous service and also for a direction to
sanction the revised regular pension as well as the revised gratuity amount
payable to him. The petitioner has based his claim for the aforesaid reliefs
on a Notification of the State Government in its concerned Department
(Annexure-2), under which, it has been declared that the employees, who
had crossed the age of 50 years shall be exempted from the condition of
passing the departmental examination.
Learned counsel for the petitioner explains that the
petitioner had crossed the age of 50 years in the year 1998 itself and
thereafter, had completed the total length of service of 24 years and
accordingly, become eligible for the grant of the 02nd A.C.P., which has
not been given to him.
Counter affidavit has been filed in which the stand taken by
the Respondents is that since the petitioner has not passed the
departmental examination i.e. the Tribal Language Examination, the
petitioner is not entitled to claim the benefits of the 02nd A.C.P.
From perusal of the Notification (Annexure-2), it cannot be
disputed that the petitioner on his crossing the age of 50 years, is entitled
to the benefit of exemption from passing the Departmental examination
and pursuant to such exemption, he would certainly be entitled to the
benefits of the 02nd A.C.P. on and from the date of his completing 24 years
of continuous service.
Considering the aforesaid facts and circumstances, the
concerned authorities of the Respondents shall reconsider the petitioner’s
claim in the light of the Notification (Annexure-2), and shall take an
appropriate decision on the same by passing a reasoned and speaking
order and communicate such decision effectively to the petitioner. The
petitioner in his turn shall file a fresh representation before the concerned
authorities of the Respondents within ten days from the date of this order
and within one month from the date of receipt of the representation, the
Respondents-authorities shall act in the manner as directed above. The
consequential benefits including the revised regular pension and revised
gratuity amount of the 02nd A.C.P., to which the petitioner if found to be
entitled, shall be made to the petitioner from the date when it fell due.
With these observations, this writ application stands
disposed of.
Let a copy of this order be given to the learned counsel for
the Respondents.
(D.G.R. Patnaik, J.)
APK