- (1.) The petitioner has approached this Court with the following prayers:-- a. To issue appropriate writ in the nature of mandamus, directing the respondents to issue promotion order in respect of the petitioner to the rank of Deputy Secretary in the pay scale of Rs. 12,000-16,500/- with all consequential benefits in view of the decision taken by the Departmental Promotion Committee (DPC for short) in its meeting held on 22.6.2004, whereby and whereunder, the petitioner was found fit for promotion to the said rank; b. To issue further appropriate writ in the nature of mandamus directing the respondents authorities to consider the case of the petitioner for grant of benefit of ACP from his due date with all consequential benefits; c. To issue further appropriate writ, order or direction on the respondents to revise the pensionary benefits of the petitioner on account of granting promotion in the rank of Deputy Secretary as also granting the benefit of ACP, as claimed by the petitioner in the instant writ application; and d. For any other relief or reliefs for which the petitioner is legally entitled in the facts and circumstances of the case. The brief facts of the case are that, the petitioner was appointed on 15.6.1970 in the office of the Accountant General, Orissa and thereafter, he was transferred in the office of the Accountant General, Bihar at Ranchi. In a meeting of the Departmental Promotion Committee on 22.6.2004, the candidature of the petitioner for promotion was found justified and accordingly, recommendation was made however, the petitioner superannuated from service on 30.6.2004 and therefore, such benefit was not accorded to the petitioner. The petitioner has also approached this Court for grant of benefit under the ACP and the consequential reliefs on such grant.
(2.) A counter affidavit has been filed stating as under:-- 10. That most humbly and respectfully it is stated and submitted that the Departmental Promotion Committee found the petitioner fit for ADM & Eqv. Posts (Dy. Secretary etc.) and forwarded its recommendation for promotion on 22.6.2004. The recommendation was put up for approval of the Government, which was received back in the Department after October 2004 and order of the promotion was issued on 1.11.2004. Till then the petitioner had superannuated from the services of the Government on 30.6.2004. Hence, as after superannuation he could neither hold the post of promotion nor could get monetary benefit, the petitioner was not granted promotion. 11. That most humbly and respectfully it is stated and submitted that for grant of 2nd ACP 24 years of regular service is required. The petitioner was completing 24 years of service on 4.4.2007, but prior to that he had already superannuated from the service. Hence he did not have the entitlement of 2nd ACP.
(3.) Heard the counsel appearing for the parties and perused the documents on record.;