DEO KUMAR MISTRI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-11-240
HIGH COURT OF JHARKHAND
Decided on November 06,2009

Deo Kumar Mistri Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) This writ petition has been filed by the petitioner for seeking the following relief: (a) For a direction upon the respondents to grant Assured Career Progression (ACP) to the petitioner and pay him consequential benefits with effect from due date as the petitioner has completed more than 12 years of service without getting any promotion is duly entitled to get the aforesaid benefits. (b) For a direction upon the respondents not to force the petitioner to deposit excess amount of Rs.1,02322/- at one time and allow him to make payment of the said amount in installment and also adjust the aforesaid amount from the amount of ACP benefits for which the petitioner is legally entitled and the same is due with the respondent.
(2.) In substance, the petitioner is claiming the benefits of the ACP, which is due after 12 years of services without getting any promotion and he is also aggrieved by the lump-sum recovery of Rs.1,02322/- and he may be allowed to make payment on installments. The scale of the petitioner is Rs.5000-8000/- per month.
(3.) In the counter affidavit in paragraph 17, the respondents have stated that the matter with regard to providing the benefits of ACP to the petitioner is pending with the Executive Committee of the school, which is to be taken in the next meeting. Thus the matter regarding the ACP is pending before the Executive Committee of the school i.e. respondent no.4. I have heard the parties and perused the records. On perusal of the documents filed by the parties, it transpires from the record that in the year 2007, the recovery of Rs.1,02322/- excess payment be made in lump-sum and thereafter he has also made a prayer to the department concerned that he may be allowed a sum of Rs. 2000/- per month as an installment of recovery from his salary. The said representation has been disposed.;


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