PERMOD KOHLI, J. - (1.) THIS Letters Patent Appeal is directed against the order dated 25.4.2006, passed in WP (S) No. 624 of 2006, whereby writ petition filed by the petitioner -appellant for grant of 2nd time -bound promotion benefit has been dismissed.
(2.) IT is admitted case of the parties that during the entire service tenure of the petitioner -appellant he has not received any regular promotion. Petitioner -appellant was appointed in the Agriculture Department on 29.9.1965 and retired on Amit Ambar Kachhap Versus Union Of India 31.1.2003. In the year 1981, he was allowed 1st time -bound promotion w.e.f. 1.4.1981 under the time -bound promotion scheme of the then State of Bihar as was invogue at the relevant time. Under the said time -bound promotion scheme. Government Servant who is not given even a single regular promotion was entitled to. two time -bound promotions in the next higher scale on completion of 10 years and 25 years of service respectively. Petitioner -appellant received 1st time - bound promotion on completion of 10 years of service under the time -bound promotion scheme and he was entitled to 2nd time -bound promotion on completion of 25 years of service. In the year 1996, time -bound promotion scheme was discontinued w.e.f. 1.1.1996 in view of the revision of pay scale on the basis of 5th Pay Commission. However later Government of India introduced the Assured Career Progression Scheme on the recommendation of Fitment Committee. Fitment Committee recommended similar schemes for the State Government employees. The State of Jharkhand, vide its notification dated 14.8.2002, introduced the Assured Career Progression Scheme (in short A.C.P. Scheme) for the employees of the State Government. In terms of this scheme, State Government employee is entitled to two financial upgradations in the next higher scale on completion of 12/24 years of continuous and satisfactory service provided he has not earned any regular promotion after his appointment in the Government service. The benefit of the scheme was made available w.e.f. 9.8.1999 or on completion of requisite period whichever is later and the arrears were payable only w.e.J. 15.11.2000 i.e. the date when the State of Jharkhand came into being. The scheme further provides if a person has not received any of the financial upgradation on the notified date i.e. 9.8.1999, on completion of 24 years of service, he will be entitled to benefit of 2nd financial upgradation straightway and the benefit of 1st financial upgradation will be added for fixation of pay scale while granting benefit of 2nd financial upgradation. Clause -5 of the A.C.P. scheme further clarified that a person who has already received two regular promotions, will not be entitled to the benefit of A.C.P. Scheme. Case of the petitioner -appellant is that after receiving 1st. time -bound promotion w.e.f. 1.4.1981, he was also entitled to 2nd time bound promotion w.e.f. 7.10.1990 which was denied to him. It is, however admitted case of the petitioner - appellant that he has been allowed the benefit of financial upgradation under the A.C.P. Scheme in the pay -scale of Rs. 6500 -10500.00 and Rs. 10000 -15200.00 .
(3.) PETITIONER -appellant approached this Court by filing WP(S) No. 624 of 2006, seeking a direction for benefit of the 2nd lime bound promotion and fixation of his retrial benefits by adding the benefit of 2nd time bound promotion. He also claims arrears of pay on account of 2nd time -bound promotion. The State Government did not chose to file any counter affidavit, however, Accountant General filed counter -affidavit stating therein that Depuly Secretary, Agriculture and Cane Development Department, Jharkhand, Ranchi was pleased to send the sanction order of pension and gratuity vide his letter No. 740 dated 3.3.2004 and accordingly the authorities of pension, gratuity and commuted value of pension were issued vide authority no Pen -1 -154 -162 dated 18.4.2004. It is also mentioned that consequent upon granting of A.C.P. benefits petitioner -appellant's pension and gratuity was revised vide letter No. Pen -1 -2327 -32 dated 27.3.2006 and also the consequential benefits viz. difference of pay and encashment of leave salary on account of unutilized (earned) leave have been issued vide letter No. GE 17 -1234 dated 29.3.2006 and GE -17 -1991 dated 29.3.2006 respectively in favour of the petitioner appellant. It is further stated that the authority of arrears of pay shall be issued after submission of pre audit bill. Based upon the counter affidavit, filed by the Accountant General. Writ Court dismissed the writ petition in view of the fact that petitioner -appellant has already received both the A.C.P. benefits.;