- (1.) HEARD the learned counsel for the parties.
(2.) CHALLENGE , in this writ application, is to the order dated -27.12.2004 (Annexure -11), passed by the Deputy Commissioner, Hazaribagh, whereby the petitioner's claim for grant of the first and the second time bound promotions, has been rejected. Earlier with the same prayer, the petitioner had approached this Court by filing a writ application vide W.P. (S) No. 4434 of 2004. The writ application was disposed of by order dated 14.09.2004 with a direction to the Respondent -Deputy Commissioner for recording a fresh decision after taking into consideration as to whether the passing of the Hindi Noting & Drafting Examination was essential or not, in the case of the petitioner.
(3.) IT was pursuant to the aforesaid order of this court that the Deputy Commissioner had passed the impugned order taking a stand that the petitioner having not passed the Hindi Noting & Drafting Examination, he was not entitled to the grant of the benefit of the first and the second time bound promotions. Learned counsel for the petitioner however, argues that the aforesaid ground on which the petitioner's claim has been rejected, is totally misconceived and misleading. Learned counsel explains further, that admittedly, the petitioner was initially appointed as Chowkidari Tahsildar. His services continued to be regularly taken and sometime in the year 1986, by a Government decision, all such Chowkidari Tahsildars were treated as Government servants. Consequent upon such decision, the petitioner being treated as a Government servant, he was found entitled to all the benefits of Government servants and accordingly, upon his superannuation, he was given all the retiral benefits including Pension etc. The grievance of the petitioner is that he was entitled to the grant of the benefit of the first and the second time bound promotions as applicable to the Government servants on the basis of his long tenure of service. Learned counsel adds that even though, for the purposes of promotions, a Circular was issued, whereby the employees particularly in Class III, post were required to pass the Hindi Noting & Drafting Examination but by way of a subsequent amendment in the Rules, relaxation was extended to such employees who had crossed the age of 50 years. The petitioner was, therefore, entitled to the grant of the time bound promotions after he had crossed the age of 50 years and was no more required to pass the Hindi Noting & Drafting Examination.;