S.N. Pathak, J. - (1.) The petitioner has approached this Court for grant of ACP benefits from the date of initial appointment and not from the date of training which has wrongly been granted to him from the date of training. Further prayer has been made for a direction to the respondents to issue a fresh corrigendum after cancellation of the earlier order of grant of ACP from the date of training. Factual Matrix:-
(2.) Petitioner joined service as a teacher in the Basic School, Dhopgama in the district of Samastipur (Bihar) on 17-8-1985 and subsequently transferred by the State-authorities in the year 1989 in Government Basic School, Koioridih, PS- Jasidih, District-Deoghar (Santhal Pargana) and from there he was transferred to Government Basic School, Thari, Deoghar and on 1-10-2000 again transferred to Government Basic School, Karmatanr, in the district of Jamtara. At present the petitioner is posted as Assistant Teacher and till date has not been given any benefits of promotion. In view of the resolution of the Finance Department as contained in Resolution No. 3/M-6 (Prom.)-02/2002/5207 dated 14-8-2002 that if the employee has served 12 years of his continuous service satisfactory and has not been granted promotion then the employee is entitled for financial benefits under the Assured Career Progression whereby one scale higher pay is given to its employees. In view of the resolution of the Finance Department the case of petitioner was considered for financial benefits but the same was wrongly considered and petitioner was granted the benefits of Assured Career Progression from the date of training. The said benefits was granted by counting 12/24 years from the date of training and not from the date of initial appointment. Though the petitioner is entitled for the Assured Career Progression w.e.f. 9-8-1999 in scale of 5000-8000/- and also entitled for second 2nd MACP in view of letter contained in Resolution No. 2981 Finance Department dated 1-9-2009 issued by Department of Finance on completion of 20 years of his continuous service, which petitioner has completed on 16-8-2005 and subsequently petitioner is also entitled for 3rd MACP on completion of 30 years of continuous satisfactory service on 17-8-2015 in view of said resolution of Department of Finance. As the said initial order of payment of ACP benefits, 1st ACP has not been rectified till date. The petitioner was compelled to move this Court by preferring this writ application.
(3.) Mr. Kailash Prasad Deo, learned counsel for the petitioner assisted by Mr. Vikash Kumar argues that the respondents have though considered the case of petitioner for grant of 1st ACP the same has been wrongly considered w.e.f. 21-4-2007 whereas the petitioner is entitled for the said benefit from 9-8-1999 taking into consideration 12 years from the date of initial appointment. Also, the respondents have granted the benefit taking into account 12 years from the date of passing of the Teachers Training Exams instead of initial date of appointment and as such the order is illegal and arbitrary and a direction may be given for the rectification of the same. Further prayer has been made for grant of consequential benefits by way of 2nd ACP and MACP in view of the resolution of the State Government which has not been granted till date.;