Chandeshwar Prasad Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1217 of 2018 In Civil Writ Jurisdiction Case No.18954 of 2010 ====================================================== Chandeshwar Prasad Singh ... ... Appellant/s
Versus
The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Pramod Mishra For the Respondent/s :
Mr.Deepak Sahay Jamuar A.C. to AAG 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 28-08-2024 On 14.08.2024, we passed the following order: Re: I.A. No. 6557 of 2018 Heard I.A. No. 6557 of 2018 for condonation of delay in filing the present LPA No. 1217 of 2018.
2. For the reasons stated in the application and affidavit, delay of about 28 days stands condoned in filing the present LPA. Accordingly, I.A. No. 6557 of 2018 stands allowed.
3. Appellant's grievance is in respect of grant of ACP. One of the issue in the present lis is whether service rendered against work charge department could be counted for the purpose of granting ACP or not.
Hon'ble Supreme Court in the case of Amresh Kumar Singh vs. State of Bihar and Ors reported in 2023 (2) PLJR (SC) 423 held that service rendered is required to be counted. On this issue
Patna High Court L.P.A No.1217 of 2018(3) dt.28-08-2024 2/3 learned counsel for the State is hereby directed to secure instruction on the next date of hearing, failing which matter would be decided with the available records.
4. Relist this matter on 28.08.2024.
2. Today, learned counsel for the Respondent on instructions submitted that Appellant was appointed in the year 1963 and he has earned promotion to the post of Junior Research Assistant with effect from 01.02.1985 and he has attained age of superannuation and retired from service in the year 2002. The scheme of ACP was introduced with effect from 09.08.1999. On completion of 12 years of service, first ACP would be granted. Accordingly, as on 09.08.1999 the appellant has been extended first ACP. Appellant is not entitled to have the benefit of earlier service towards ACP in view of the fact that he has earned promotion as a Junior Research Assistant. 12 years of service is required to be counted only from 01.02.1985 and it would be in the year 1997. However, ACP scheme was introduced from 09.08.1999 to that effect ACP has been granted to the Appellant with effect from 09.08.1999. In the light of these facts and circumstances, there is no infirmity insofar as
Patna High Court L.P.A No.1217 of 2018(3) dt.28-08-2024 3/3 granting only first ACP on 09.08.1999. Accordingly, LPA stands disposed of.
(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) vashudha/- U