JHARKHAND HIGH COURT ISSUES ORDER ON PRADEEP KUMAR JHA V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Dec. 10 -- Jharkhand High Court issued the following order on Nov. 10:

1. Heard the parties.

2. In this writ petition, the petitioner has prayed for the following reliefs:

(i) to grant the petitioner 1st ACP, 2nd ACP and 3rd MACP pursuant to the letter dated 04.11.2023 issued by the Deputy Commissioner, Gumla to the Divisional Commissioner, South Chotanagpur Division, Ranchi whereby and whereunder the petitioner has been recommended for the grant of exemption from Departmental (Audit) Examination.

(ii) to grant exemption to the petitioner from appearing in the Departmental (Audit) Examination in terms of letter no. 4674 dated 15.05.1992 and 4178 and 12.08.1992 as the petitioner has completed the age of 50 years on 08.10.2013.

(iii) to immediately and forthwith calculate and make payment of arrears of salary as well as arrears of pension upon granting 1st ACP, 2 nd ACP and 3rd MACP to the petitioner.

(iv) to make payment of all the amount of arrears with interest at the rate of 18% for malafidely intended deliberate denial of the valid and genuine claim of the petitioner.

3. The petitioner was not granted 1st ACP, 2nd ACP and 3rd MACP on the ground that he has not passed the departmental examination. The issue of passing of departmental examination vis-a-vis grant of ACP/ obtaining educational qualification has already been decided by the Hon'ble Supreme Court in "Amresh Kumar Singh and Others vs. State of Bihar and Others" reported in 2023 SCC OnLine SC 496 and "Union of India vs. C.R. Madhava Murthy" reported in (2022) 6 SCC 183.

4. This Court in WP(S) No. 6759 of 2022 titled "Ram Lala Thakur vs. The State of Jharkhand and Others" by referring to the aforesaid judgment of the Hon'ble Supreme Court has held that the educational qualification cannot come in the way of grant of ACP/ MACP.

5. Thus, the respondents are directed to take fresh decision for grant of ACP/MACP to the petitioner irrespective of the fact that his prayer for exempting him from appearing in the departmental examination has been rejected.

6. With the aforesaid order this writ petition is disposed of directing the respondents to take the appropriate decision in terms of the judgment passed by this Court in WP(S) No. 6759 of 2022 and Hon'ble Supreme Court in "Amresh Kumar Singh" (supra) and "C.R. Madhava Murthy" (supra) within the period of eight weeks from the receipt of the copy of this order and communicate the decision to the petitioner.

7. If the petitioner was otherwise entitled for the promotion, the same should to be granted to him and consequential order should be passed.

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