Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties. By impugned order dated 17.11.2012, Annexure -6 issued by the Deputy Director, Directorate of District Provident Fund, Department of Finance, the claim of the petitioner for grant of ACP/MACP has been declined on the ground of non -passing of departmental exam, and claim for exemption from passing departmental exam, has also been rejected as he had already superannuated on 30.4.2011 from the post of Clerk.
(2.) ARGUMENTS have been advanced by learned counsel for the petitioner that despite representations by the petitioner and recommendation made for taking such decision on his exemption such as Annexure -3 dated 4.5.2007 by the District Provident Fund Officer, Deoghar, no decision was taken till petitioner retired. Now his claim is being denied as exemption could not be granted after his retirement and even if it would be done it would be effective from the date of order of exemption as per circular No. 11691 dated 9.11.1983, Annexure -1. Learned counsel for the respondent -State submits that documents relied upon by the petitioner, Annexures -5 and 7, as would appear, show that petitioner did not pass preliminary paper of accounts in departmental accounts exam, even after participating on 3 occasions though he claims to have passed final paper. He also refers to Annexure -8 communication of the Deputy Director, Directorate of District Provident Fund, Department of Finance, Government of Jharkhand to District Provident Fund Officers where in the appendix against petitioner's name, it is shown that he had not passed departmental accounts exam.
(3.) PASSING of departmental accounts exam, is mandatory requirement for grant of ACP in terms of notification dated 14.8.2002 as also MACP notification dated 11.9.2009. All such departmental exams., which are necessary for substantive promotion, are also required to be qualified for the purposes of financial upgradation. The Resolution dated 9.11.1983, Annexure -1 also shows that exemption from passing of departmental exam. can be granted depending upon conditions enumerated therein such as (i) Government employee should have crossed the age of 50 years, (ii) order of exemption would operate from the date of his issuance, (iii) such exemption can only be granted if the employee is able to show that he had continuously attempted to participate in exam., but was unsuccessful or for reasons beyond his control, exams, were not held. Other conditions relating to satisfactory service or non -pendency of any departmental proceedings etc. are also laid down.;