JUDGEMENT
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(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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