@JUDGMENTTAG-ORDER
1. The petitioner, who was an Extra Clerk, was later on, appointed as Temporary Clerk on 22nd May, 1981 and ultimately superannuated from
the services of the State on 31st January, 2003.
2. The present writ petition has been filed by him for a direction on the respondents to count the period, rendered by him as Extra Clerk, for the
purposes of retiral benefits as also other benefits. He has placed reliance on a decision, rendered by a single Judge of this Court in the case of
Kauleshwar Prasad v. State of Jharkhand and Ors. reported in 2004 (2) JCR 124 (Jhar).
3. It has been brought to our notice that against the aforesaid judgment, passed in the case of Kauleshwar Prasad (supra), the State of Jharkhand
has preferred an appeal being LPA No. 488 of 2004, which was heard and disposed of along with another analogous case (LPA No. 512 of
2004) by judgment dated 5th April, 2006, wherein, the Division Bench having gone through the different guideline, issued by the State
Government, held that the period, rendered by a person as Extra Clerk, cannot be counted for the purposes of pensionery benefits and thereby,
set aside the judgment, passed by the learned Single Judge in the case of Kauleshwar Prasad (supra).
4. In view of the aforesaid judgment dated 5th April, 2006. passed in LPA No. 488 of 2004 State of Jharkhand Vs. Kauleshwar Prasad and
Others, and analogous case, the respondents cannot be directed to take into consideration the services, rendered by the petitioner as Extra Clerk,
either for retiral benefits or for the purposes of time bound promotion.
5. So far as the benefits of time bound promotion is concerned, the scheme, as was framed vide resolution No. 10770 dated 30th December,
1981 (paragraph 11 therein), has been withdrawn since 1st January, 1996 by Finance Department''s resolution No. 3M-2-5-VE-PU-01/99-
660/(F/2) dated 8th February, 1999. But, in the meantime, the petitioner, having completed 10 years of service on 21st May, 1991, can claim for
consideration of his case for 1st time bound promotion as per the scheme of 1081. It has been informed that the Time Bound Promotion Scheme
has also been replaced by a new scheme, known as Accelerated Career Progression Scheme, which has been given effect from 9th August, 1999
vide resolution, contained in Memo No. 3/S-6-(Pro)-02/2002-5207/Fi, Ranchi dated 14th August, 2002. As per the said scheme also a person is
entitled to the benefits under ACP Scheme on completion of 12 years of service, which the petitioner has completed as back as on 21st May,
1993.
6. In the facts and circumstances while this Court is not inclined to grant relief to count the period of service, rendered by the petitioner as Extra
Clerk, remit the case to the respondents with a direction to consider his case for granting 1st Time Bound Promotion under the old Scheme, 1981
(resolution No. 10770 dated 30th December, 1981) from the date, he had completed 10th year of service and, thereafter, to consider his case for
the benefits under ACP Scheme from due date, if the benefits of Time Bound Promotion Scheme has been withdrawn since 1st January, 1996. A
decision in this regard be taken within three months from the date of receipt/production of a copy of this order and the consequential benefits, if
any, to which he is entitled, including the arrears of salary, arrears on re-fixation of pension, gratuity etc., if found payable, be made within two
months thereof. The petitioner will produce a copy of this order before the Inspector General of Registration, Ranchi, with a copy to the District
Ragistrar-cum-Deputy Commissioner, Hazaribagh, who will ensure compliance of the Court''s order.
7. The writ petition stands disposed of with the aforesaid observations and directions.
