Ram Shankar Sinha vs State of Jharkhand and Others

Sushil Harkauli, J.—Reliance has been placed upon the order of this Court dated 06.01.2011 passed in W.P.(S) No. 5579 of 2010.

The order says "By another letter contained in Memo No. 4178 dated 12.8.1992, the clerks of Works Department were exempted from appearing in Accounts Examination."

A copy of the said memo dated 12.8.1992 is enclosed as Annexure-9 to the rejoinder affidavit. I have gone through that Annexure and I find that the aforesaid observation made in the aforesaid judgment of this Court appears to be based upon mis-reading of that document. The said document no where exempts the clerks of the Woks Department from appearing in the Accounts Examination for the purpose of getting promotion. Only those clerks are exempted who were promoted prior to 01.09.1983. All the subsequent promotees, who had been granted promotion without passing Accounts Examination were directed to be reverted back.

The said memo dated 12.8.1992 further says that in future also either those persons will be promoted who have passed Accounts Examination or those persons may be promoted who are exempted from appearing in the Accounts Examination. The said memo dated 12.8.1992 no where prescribes as to who are those who are exempted from passing Accounts Examination. Therefore, reliance in the judgment cited which shows that the said document dated 12.8.1992 which prima facie appears to have been mis-read, is misplaced, and it is so apparent that it is open to this co-ordinate Bench to hold that the decision is per incuriam. Learned Counsel for the Petitioner wants to file a copy of a letter No. 493 dated 22.2.2007 issued by the Finance Department, Government of Jharkhands which is also referred in the judgment cited.

As prayed by the learned Counsel for the Petitioner, list this case after two weeks.