S.N. Pathak, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) Petitioner confines his prayer with respect to quashing of letter No. 3017 dated 17.07.2017 (Annexure-7) issued by the Agriculture Director, Govt, of Jharkhand, Ranchi, whereby the Block Development Officer, Gamharia is directed to calculate all the increments except the first increment after his appointment till 15.06.2017 without cumulative effect and recovery of the same from him. Further prayer has also been made for payment of entire increments and arrears of salary which were stopped pursuant to letter bearing memo No. 941 dated 21.12015 (Annexure-2).
(3.) The facts of the case lies in a narrow compass. The petitioner was appointed as Block Agriculture Officer on 17.01988 and posted at Shikari Para Block, Dumka. Thereafter, he was transferred to several Blocks of the State and finally, he was transferred to Gamharia Block in March, 2014 where he is working on the same post. It is the further case of the petitioner that he passed the local Santhali language exam in the year 1990 and also passed the Hindi Noting and Drafting Examination held in the year 1991. But he has not passed the departmental examination because in his entire service career the government has conducted examinations only in the years 2005 and 2007. In the year 2005, he came to know about the same after due date and in the year 2007, though the petitioner has also filled-up the form for appearing in the departmental examination but he was not allowed by the then Block Development Officer to leave the headquarter as he was deputed in the election work and as such, he was not able to appear in the said examination and more so the government has also not conducted the department examination for Agriculture Subordinate Services. Thereafter, vide his letter dated 30.11.2015, the Deputy Director, Administration, Agriculture has directed the Block Development Officer, Gamharia to send his report with his opinion as to how the petitioner has continuously been granted increments without passing the departmental examination, which is an essential criteria for grant of increment to an employee of Agriculture Sub-ordinate Service-01. In compliance of the said letter, the Block Development Officer withheld the salary of the petitioner vide memo No. 941 dated 21.12.2015. It is the further case of the petitioner that on 28.12.2015, the petitioner has submitted his representation before the Block Development Officer, Gamharia mentioning therein that after constitution of Jharkhand State, departmental examination was conducted in the year 2007 for the Agriculture Officer and in the said examination, he was not allowed to appear as he was in the election duty. After withholding of the salary, the petitioner submitted his representation before the Block Development Officer that due to stoppage of his salary, he is in acute financial crisis and hence, prayed to start his salary as was being paid earlier but the authority concerned has not given any heed to the same. Meanwhile, the petitioner applied for grant of relaxation from the departmental examination, as he has already completed 50 years of age, which was accordingly granted vide memo No. 1967 dated 15.06.2017. Thereafter, the Agriculture Director vide his letter No. 3017 dated 17.07.2017 (Annexure-7) directed the Block Development Officer, Gamharia to calculate all the increments except the first increment after his appointment till 15.06.2017 without cumulative effect and recover the same from his salary as per the order. It is the further case of the petitioner that subsequently, he again filed representation on 25.07.2017 before the Agriculture Director stating that only six years of services is remaining and if the recovery order is passed, than all family member will suffer acute financial crisis and has also requested that the recovery may not be made from him but till date no decision has been taken and hence, the petitioner has no option but to knock the door of this Hon'ble Court for redressal of his grievances. ;