Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties. By virtue of order dated 12.4.2005 (Annexure -6), issued by the Deputy Secretary, Health, Medical Education and Family Welfare Department, Government of Jharkhand, petitioner who had retired already on 31.7.2004 from the post of Clerk in the Leprosy Unit at Chas under Civil Surgeon, Bokaro, got exemption from passing departmental exam. Even then, the respondent Civil Surgeon vide Annexure -7 dated 27.3.2006 bearing memo No. 625 granted the benefits of 1st and 2nd ACP in the desired scale with effect from 31.7.2004.
(2.) Petitioner approached this Court in WPS No. 3846/2006 seeking retiral benefits. Vide judgment dated 10.8.2006 (Annexure -8), the writ petition was disposed of directing payment of retiral benefits including arrears of pension and ACP to the petitioner. The contempt petition being Cont.(C) Case No. 548/2006 pursued thereafter, also got disposed of by order dated 21.4.2008 (Annexure -9). The Divisional Commissioner, North Chhotanagpur Division, Hazaribagh confirmed the grant of ACP to the petitioner, as communicated through letter No. 1084 dated 12.3.2008 to the District Leprosy Officer, Bokaro. Petitioner thereafter again preferred a writ petition WPC No. 1110/2009 with the grievance that upon grant of two time bound promotions, his pension is not being revised. That writ petition stood disposed of on 1.5.2009 vide Annexure -11 by the learned Single Judge with a direction upon the concerned respondents to recalculate the pension of the petitioner in accordance with law within a stipulated time. Now he has sought quashing of the order dated 12.4.2005 (Annexure -6) granting exemption from the departmental exam. stating that the exemption ought to have been granted from the date he made his representation on 13.11.1996, relying upon a judgment rendered by the learned Single Judge of this Court in WPS No. 3590/2013 in the case of Dr. Birendra Kumar v/s. State of Jharkhand & Others reported in [2014(1) JBCJ 208]. He also has sought quashing of order dated 27.3.2006 granting 1st and 2nd ACP with effect from 31.7.2004 i.e. the date of his superannuation as also the order of confirmation granted by the Divisional Commissioner, North Chhotanagpur Division, Hazaribagh communicated through letter dated 12.3.2008. Consequentially, he has sought benefits of 1st and 2nd ACP with effect from 9.8.1999.
(3.) Respondent -State in their counter affidavit have also given the same chronology of events relating to the grant of exemption on 12.4.2005 and ACP from the date of his retirement.;