Single Judge Bench quashed order cancelling petitioner's Additional Charge Post (A.C.P.) and directed state to refund recovered excess pension benefits, holding departmental exam not mandatory for employees above 50.
Impugned order quashed; respondents directed to refund Rs. 1,96,375/- within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page 1 of 4 W.P.(S) Nos. 2461 of 2010
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S.) No. 2461 of 2010
Krishna Bihari Lal s/o Late Rajeshwari Prasad
… ... Petitioner
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
-------For the Petitioner : Mr. Awanish Shankar, Advocate For the Respondents : Mr. Saket Upadhyay, GA III --------
Order No. 13: Dated: 16th July, 2019
Per Sanjay Kumar Dwivedi, J.:
I.A. No. 2014 of 2017
W.P.(S) No. 2461 of 2010
Page 2 of 4 W.P.(S) Nos. 2461 of 2010
A.C.P. scheme was directed to be recovered.
Page 3 of 4 W.P.(S) Nos. 2461 of 2010
Bench of this Court held that the Scheme of A.C.P. has to be seen in the light of the State of Jharkhand which does not envisage a mandatory requirement for passing the Departmental Accounts Examination for grant of promotion. Learned counsel for the petitioner further submits that this order has been affirmed by the Division Bench of this Court vide order dated 1st December, 2015 in L.P.A. No. 287 of 2017.
Page 4 of 4 W.P.(S) Nos. 2461 of 2010
rule to suggest that the passing of departmental examination is necessary and judgment delivered by a coordinate Bench of this Court in Kanu Kachhap Case and In L.P.A. NO. 287 of 2014 (Supra) are further communicated in favour of the petitioner. This aspect of the matter have not been brought before the Division Bench of This Court in L.P.A. No. 49 of 2017 and as such it was not considered in L.P.A. No. 49 of 2017.
(Sanjay Kumar Dwivedi, J.)
The Jharkhand High Court, Ranchi Dated: 16/07/2019 MM /AFR/NAFR
3 issues framed by the court
Whether departmental examination is mandatory for granting A.C.P. to employees over 50 years of age.
Whether the order cancelling A.C.P. and directing recovery of excess money can sustain in law.
Whether the petitioner is entitled to refund of the deducted amount.
Colour shows how this judgement treated each authority
Kanu Kachhap vs. The State of Jharkhand & Ors.Followed¶28
Kanu Kachhap vs. The State of Jharkhand & Ors. in W.P.(S) No. 2529 of 2013
Order dated 1st December, 2015Followed¶29
L.P.A. No. 287 of 2017
Birendra Kumar Singh Vs. The State of Jharkhand & Ors.Distinguished¶31
Birendra Kumar Singh Vs. The State of Jharkhand & Ors. in L.P.A. No. 49 of 2017
Coordinate Bench judgmentFollowed¶34
LPA 287 of 2014
Krishna Bihari Lal
The State of Jharkhand
The Secretary, Department of Mines and Geology
The Deputy Secretary, Department of Mines and Geology
The Director, Department of Mines and Geology
The Assistant Mining Officer, Jamtara
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
