JUDGEMENT
Shree Chandrashekhar, J. -
(1.) Claim of the petitioner is for grant of ACP/MACP benefits and consequential revision in pension.
(2.) Heard.
(3.) The petitioner claims that she was appointed as temporary Lady Supervisor with effect from 06.04.1967. When she was confirmed in service, has not been disclosed by the petitioner. Her claim is that she passed Hindi Noting and Drafting examination on 15.03.1981. At the relevant time, Time-Bound Promotion scheme was in vogue, however, the petitioner has failed to plead whether she was granted Time-Bound Promotion or not. She superannuated from service with effect from 31.07.2009 while working on the post of Grihpati-cum-Clerk Samprachan. In spite of repeated opportunities granted, the petitioner has failed to produce any document which would disclose that she raised a claim for grant of ACP/MACP benefits while she was in service. Letter dated 17.01.2013 by which a direction was issued by the Deputy Director, Welfare to the Superintendent, Remand Home, Chaibasa for providing documents would disclose that she has not passed the Final Level Accounts examination. The learned State counsel has referred to Rule 157(3)(J) of Bihar Board's Miscellaneous Rules, 1958 which reads as under :
"(a) Any clerk, who has not passed the preliminary examination in Accounts, will be neither confirmed nor be allowed to cross the efficiency bar;
(b) A clerk, who has not passed the final examination, will not be promoted to the Selection grade;
(c) In case of non-availability of senior clerk, finally passed in Accounts Examination, any junior clerk, having passed the final Accounts Examination may be temporarily promoted to the Selection Grade:
Provided that the junior clerk temporarily promoted to the Selection grade shall be reverted to the post of clerk if the clerk senior to him passes the final Accounts examination within two years from the date of his first supersession and is promoted with effect from any date within the said two years, otherwise the senior clerk would be treated junior to all the clerks promoted to the Selection grade prior to him.";
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