Pramath Patnaik, J. - (1.) In the accompanied writ application, the original petitioner, the husband of the present petitioner, has inter alia prayed for direction upon the respondents to grant promotion under Assured Career Progression Scheme as envisaged by the Govt. of Jharkhand, on completion of 12 and 24 years of service and accordingly fix his pay and make payment of arrears of salary and pension along with interest.
(2.) The brief facts lie in a narrow compass is that the husband of the petitioner was appointed on the post of Clerk/Assistant on 08.08.1968 and retired on 31.07.2002 on attaining the age of superannuation. But, during his service tenure he was not granted any promotion and retired on the same post and in the same pay-scale. Aggrieved thereof, he made several representations but it did not evoke any response.
(3.) Learned counsel for the petitioner submitted with vehemence that as per circular issued by Finance Department, Govt. of Jharkhand, (Annexure 1) the petitioner is entitled for grant of A.C.P on completion of 12 years and 24 years of service and passing of Accounts Examination is not a pre-condition for grant of such promotions. Referring to circular dated 09.11.1983, learned counsel for the petitioner further submitted that since the husband of the petitioner completed 50 years of age, hence as per the circular, he ought to have been exempted from passing examination. But, the respondents-authorities under the garb of not passing the Accounts Examination denied the benefit of A.C.Ps.;