Ritu Bahri, J. - (1.) The petitioner is seeking directions to the respondents to release the pensionary benefits which have been withheld by the respondents on the ground that he has not passed the type test after his promotion to the post of LDC despite the fact that it was not a condition in the promotion order dated 19.3.1980 (Annexure P-1).
(2.) The petitioner was appointed on the post of Bill Distributor on contract basis on 13.6.1971. Thereafter he was regularised in the year 1972. He was promoted to the post of Lower Division Clerk on 19.3.1980 vide promotion order (Annexure P-1). Thereafter he was promoted to the post of Upper Division Clerk on 19.3.1993. He was further promoted to the post of Commercial Assistant on 28.8.2006 to the post of Circle Assistant on 31.8.2009 and to the post of Head Clerk on 13.9.2010. On 28.2.2012, the petitioner retired from service after attaining the age of superannuation from the post of Head Clerk. The petitioner received his full amount of leave encashment and GPF. On 1.3.2012, respondent no.5 returned the pension case along with Service Book of the petitioner to respondent no.4 putting some objections like the entry of passing of type test on promotion as LDC and that the same had not been verified up to date etc. (Annexure P-8).
(3.) Learned counsel for the petitioner has referred to a judgment passed by this Court in the case of Shankar Dass v. UHBVN and others (CWP No. 177 of 2009) decided on 17.8.2010 to contend that a similar controversy has been resolved in this case, wherein benefit of ACP on completion of 10 years of service as LDC had not been granted to the petitioner on the ground that he had not passed the type test. The petitioner in that case had been promoted to the post of LDC in the year 1991 and thereafter retired in the year 2008. He was granted regular increments all along. At no stage, any action was taken against the petitioner during the period he remained in service that he had not passed the type test. As per the policy decision dated 10.5.1989 (Annexure P-10) there was no condition for passing of type test for promotion to the post of LDC. The writ petition was allowed and a direction was given to the respondent to grant benefit of first ACP to the petitioner with effect from the date it was due to him on completion of 10 years of service as LDC.;