SUDHIR KUMAR, SON OF LATE MOSAFIR SAW Vs. STATE OF JHARKHAND
LAWS(JHAR)-2017-8-124
HIGH COURT OF JHARKHAND
Decided on August 25,2017

Sudhir Kumar, Son Of Late Mosafir Saw Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

S. N. Pathak, J. - (1.) Heard learned counsel for the petitioners and learned counsel for the respondents.
(2.) The petitioners have approached this Court with a prayer for quashing order No. 116 of 2012 dated 12.03.2012, issued by the respondent No. 5, whereby the benefits of Assured Career Progression Scheme have been withheld in respect of the petitioners due to lack of passing of departmental examination and also due to the fact that the petitioners have not crossed the age of 50 years. Further prayer has been made to pay the benefits of 1st ACP from the date of their respective eligibility as per the ACP Rules.
(3.) The factual exposition as has been delineated in the writ petition is that the petitioners are working under respondent Nos. 5 & 6 on the post of Class-III (Typist). The petitioners were not provided with any benefit of regular promotion during the entire tenure of their services. It is the case of the petitioners that Govt. of Jharkhand, on the basis of ACP Scheme granted to the Central Govt. Employees, issued a resolution No. 5207 dated 14.08.2002, whereby it has been provided that the employees of the State Government will be entitled to the benefits of 1st and 2nd ACP on completion of 12/ 24 years of regular service. The petitioners joined the services on respective dates i.e. petitioner No. 1 joined the services on 14.08.1996, petitioner No. 2 joined the services on 14.08.1996, petitioner No. 3 joined the services on 17.08.1996 and petitioner No. 4 joined the services on 23.08.1996. This fact has also been evident from the list prepared by the Screening Committee while considering the cases of the petitioners for grant of benefits of 1st ACP. Though petitioners were entitled for the benefits of ACP, they were not provided such benefits inspite of requests made through different representations and their cases were rejected vide order 12.03.2012 and hence, the petitioners were compelled to knock the door of this Court.;


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