- (1.) Heard the parties.
(2.) The petitioner, in this writ petition, is challenging the part of the order contained in letter No. 535 dated 10.9.2013 issued by the Conservator of Forests by which, the claim of the petitioner for grant of 2nd Assured Career Progression (for short 'ACP') has been rejected on the ground that the petitioner has not passed Hindi Noting Drafting Examination.
(3.) Counsel for the petitioner submits that the petitioner ultimately has completed more than 24 years of service, as such, he is entitled to get the benefit of the 2nd ACP, which has been turned down by the impugned order. He submits that the order is absolutely bad, as it is not necessary for the petitioner to pass the said examination, because he has already completed 50 years. He further submits that as per the Government Circular dated 9.11.1983, as contained in memo No. 11691, a person can be exempted from appearing in the said examination, if he crosses the age of 50 years. He further submits that as per the Bihar Forest Rules, an employee, if crossing 50 years of age, is entitled to get the increments, which has been stopped on failure to pass a compulsory examination. He lastly submits that the chart, at Annexure-7, reflects the name of the petitioner and it has been mentioned that the petitioner has already passed the necessary examination in Hindi. He lastly submits that it was the duty of the respondent authorities to exempt him from passing the Hindi Noting Drafting Examination and thereafter, the respondent authorities were duty bound to grant the petitioner the benefit of the 2nd ACP. The counsel for the petitioner, in support of his submission, is relying upon the judgment passed in the case of Maheshwar Prasad Singh Vs. the State of Jharkhand,2000 4 PLJR 264.;