Ram Swarup Prasad v. The State Of Bihar
Case at a glance
- Bench
- NAVANITI PRASAD
Outcome
Disposed of
The writ petition stands disposed of
Judgment
Patna High Court CWJC No.11180 of 2007 (2) dt.18-10-2012 2 Second A.C.P. He had come to this Court earlier and there were several proceedings including L.P.A. Each time the matter was remanded for fresh consideration and for fresh representation. Ultimately the Finance Department has rejected the plea of the petitioner on both the counts in respect of Second Time Bound Promotion . The stand of the State is that upon pay revision, the petitioner had already received the replacement pay scale, which was equivalent to the pay sale of Amin. Thus, he could not be entitled to Second Time Bound Promotion. With regard to A.C.P. it was submitted that in view of the scheme as was enunciated in the year 2003 a person having got Time Bound Promotion was not entitled to A.C.P. Both these facts have been countered by the petitioner. The petitioner states that it is not relevant in what pay scale the petitioner is.
For the purposes of Time Bound promotion; whatever pay scale when the Time Bound Promotion is due, he would get higher scale. As the petitioner was getting a replacement scale when the Second Time Bound Promotion was due, he would then be entitled to the next higher pay scale as a matter of right. With regard to A.C.P. he submits that having got one substantive promotion earlier he is entitled to the Second Patna High Court CWJC No.11180 of 2007 (2) dt.18-10-2012 3 A.C.P. He submits that in 2006 the A.C.P. Scheme was amended and it was clarified that notwithstanding Time Bound Promotion having been granted, the employee would be entitled to A.C.P. because under 2006 pay revision with effect from 1.1.1996 every person was brought to the basic pay grade. Having considered the matter, in my view, the writ petition must succeed on both the counts. The petitioner is correct that so far as Time Bound Promotion Scheme is concerned.
Operative part
It has nothing to do with the pay scale or the replacement pay scale, which the employee is drawing. It only deals with grant of promotion at the end of 10 years or 25 years of service. Prima facie, the petitioner is entitled to first and the second time bound promotion . This is irrespective of the pay scale or revised pay scale, he would get next higher pay scale. Thus, the grounds given by the State cannot be sustained. Coming to A.C.P. it is apparent that consequent to the amendment of the Scheme in 2006, no regard can be paid to the grant of Time Bound Promotion. Grant of A.C.P. is independent of the Time Bound Promotion. In the facts aforesaid it has to be held that the petitioner rightly claimed that he is entitled to both the Second Time Bound Promotion and the Second A.C.P. Patna High Court CWJC No.11180 of 2007 (2) dt.18-10-2012 4 In that view of the matter, the respondent- Director, Land Acquisition and Rehabilitation under Water Resources Department, Govt. of Bihar, New Secretariat, Patna, who is respondent no.2 , is directed to immediately act in pursuance to the directions aforesaid and re-calculate the petitioner’s monetary benefits during the period of service and consequentially the retiral benefits. This exercise must be completed within four months from the date of production of a copy of this order before him (respondent no.2) and payments made accordingly. The writ petition stands disposed of. (Navaniti Prasad Singh, J) singh/-
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.