S.J.MUKHOPADHAYA, J. - (1.) THIS petition has been preferred by petitioner for direction on the respondents to consider his case for grant of higher grade in terms with Assured Career Progression Scheme as was allowed by the State Government vide Order No. 351 dated 16th December, 2004.
(2.) ACCORDING to petitioner, he was appointed as Personal Assistant on 6th October, 1976 but has not been granted any regular promotion to the higher post/grade. Thus, he is entitled for first higher grade on completion of 12 years and second next higher grade on completion of 24 years of service under Assured Career Progression Scheme. Counsel for the petitioner submitted that the service career of the petitioner is unblemished and for that correspondences were also made and representations given by the petitioner from time to time as contained in Annexure-9.
(3.) HAVING heard the counsel for the parties, as the matter requires determination firstly by the respondents, instead of asking the respondents to file counter affidavit, the case is remitted to them for decision on merit.;