Petitioner sought career progression benefits denied during his service. The court dismissed the petition, noting the mandatory requirement of clearing a departmental examination (or applying for exemption after age 50) was not met and the petition was filed with significant delay after retirement.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 424 OF 2018
Khirodhar Mahto ` ... ... Petitioner
-V e r s u s -
... ... Respondents
CORAM: - HON’BLE MR. JUSTICE DR S. N. PATHAK
For the Petitioner : Mr. A.K. Sahani, Advocate Mr. Ajit Kumar, Advocate For the Respondents: Mr. J.F. Toppo, SC (L & C) Mr. A.R. Kisku, Advocate
06/13.02.2020
Heard learned counsel for the parties.
RC/
application for grant of exemption and as such even if rule permits granting exemption after attaining age of 50 years, the same is not automatic. Since petitioner never applied for exemption nor had cleared the departmental examination, he is not entitled for the benefits prayed for by him.
RC/
2 issues framed by the court
Whether the petitioner is entitled to benefits under the Assured Career Progression and Modified Assured Career Progression Schemes given his failure to clear the mandatory departmental examination or
Whether the writ petition should be dismissed due to the five-year delay in filing it after the petitioner's retirement.
Khirodhar Mahto
The State of Jharkhand
Deputy Commissioner, Bokaro
District Education Officer, Bokaro
S. N. PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
