H.C. Mishra, J. - (1.) Heard learned counsel for the petitioner, learned counsel for the respondent State as also learned counsel for the Accountant General.
(2.) The petitioner was earlier appointed as Epidemic Medical Officer (a non-gazetted Post), and he retired as Medical Officer, Department of Surgery, P.M.C.H., Dhanbad in the year, 2010. In course of his service, by notification No. 123(4) dated 9.6.2005, as contained in Annexure-4 to the writ application, the petitioner was given the benefit of first A.C.P. with effect from 9.8.1999 in the pay scale of Rs. 10,000-325-15,200/-. Since the other benefits were not given, the petitioner moved before this court in W.P.(S) No. 5390 of 2010, which was disposed of by order dated 6th January, 2012, as contained in Annexure-5 to the writ application, directing the respondents concerned to treat the writ application of the petitioner as representation and decide the claims of the petitioner by passing a detailed and speaking order in accordance with law.
(3.) Pursuant to the order dated 6th January, 2012, passed by this Court, a detailed order has been passed vide Memo No. 09 (9) dated 4.4.2012, by the respondent No. 4, the Joint Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Ranchi, wherein it has been held that the petitioner, who had joined on a non-gazetted post had also retired from the same nature of post, and accordingly, he was required to pass the Accounts examination, as prescribed under Rule 157 of the Board Miscellaneous Rules, 1958. It was also stated that the petitioner had not passed any other departmental examination, except the Hindi Noting and Drafting Examination, and accordingly, he was not entitled to the benefits of first A.C.P. from 9.8.1999, and accordingly, the representation of the petitioner was rejected. This order was passed after giving a hearing to the petitioner.;