- (1.) THE appellant preferred the writ petition for a direction on the respondents to provide him the benefits of first and second financial upgradation in pursuance of Assured Career Progression Scheme (hereinafter referred to as ACP Scheme). Learned Single Judge, having noticed that the appellant was allowed first time bound promotion in the year 1981 and second time bound promotion in the year 1992, refused to grant such relief.
(2.) IT is not in dispute that the erstwhile State, of Bihar, through its Finance Department, while accepted the recommendation of the Pay Revision Committee, vide resolution No. 10770 dated 31 st December, 1981, made provisions for time bound promotion. It was ordered to grant next higher scale on completion of 10 th year of service (first time bound promotion), if an employee is otherwise eligible but not given promotion for want of vacancy. It was also ordered to grant second next higher scale of pay (second time bound promotion) on completion of 25 th year of service, if otherwise the employee is eligible and fit but not given second promotion during his service career for want of vacancy. The aforesaid policy decision came into force with effect from 1 st April,1981, in pursuance of which a number of persons, including the appellant, were granted the benefits. Admittedly, the time bound promotion policy was superseded by subsequent Finance Department Resolution No. 660 (F/2) dated 8 th of February, 1999, whereby while the recommendation of Fitment Committee was accepted, the State Government abolished the existing policy of time bound promotion and selection grade with effect from 01.01.1996 and a common replaced scale was allowed. The benefit of time bound promotion was, thus, taken away with effect from 01.01.1996, subject to introduction of subsequent scheme. Subsequently, State of Jharkhand framed a scheme by Resolution No. 3/S -6 (Pronnati) -02/2002 -5207 vi. dated 14 th August, 2002, issued from the Finance Department, known as "ACP Scheme", which was given effect from 9 th August, 1999. It was ordered to grant benefit of first higher grade on completion of 12 years of service, subject to eligibility and passing of required departmental examination and fitness, in regular course, if a person is not granted promotion to the higher post for want of vacancy. Similarly, it was ordered to give benefit of second higher grade on completion of 24 years of service subject to eligibility, passing of requisite departmental examination and fitness, if the employee has not been granted promotion in his service career for want of vacancy. Similar ACP Scheme has been framed by the State of Bihar under proviso to Article 309 of the Constitution of India, by Notification No. 4685F(2) dated 25 th June, 2003 giving effect from 9 th August, 1999,and benefit of which any State Government employee can derive, who was in service prior to 15 th November, 2000.
(3.) ACCORDING to the respondents, the appellant was granted first promotion from the post of Junior Industrial Instructor to Senior Industrial Instructor with effect from 01.04.1973 and thus, he cannot claim for benefit of first ACP. They relied on his service records in this regard but neither the copy of order of promotion has been enclosed nor the details of notification has been given therein.;