Surya Kant Prasad Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15451 of 2019 ====================================================== Surya Kant Prasad Sinha S/o Late Lakshmi Narayan Prasad Sinha VillageRukanpur, P.S.- Fatuah, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

Director Primary Education, Govt. of Bihar.

3.

District Education Officer, Patna.

4.

District Programme Officer, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binoy Kumar Singh For the Respondent/s :

Mr.Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner was appointed as Assistant Teacher on 05.01.1974, he superannuated on 31.01.2016. Petitioner was granted First Time Bound Promotion on 09.04.1987 and on completion of 25 no second time bound promotion or benefit of ACP was granted to the petitioner. The first time bound promotion was available on completion of 12 years and second time bound promotion is available on completion of 25 years. The time bound promotion scheme ceases to exist w.e.f. 31.12.1995 so the second time bound promotion was available to a teacher who has completed 25 years before 31.12.1995. Thereafter, the respondents have framed the scheme of ACP and

Patna High Court CWJC No.15451 of 2019(2) dt.31-07-2019 2/2 MACP.

Learned counsel for the petitioner submits that in terms of ACP and MACP scheme petitioner is entitled for consideration of grant of benefit of ACP and MACP. He submits that the representation of the petitioner in this regard is pending before the District Education Officer, Patna. Considering the aforesaid, the writ petition is disposed of with a direction to the District Education Officer, Patna to take appropriate decision on the claim of the petitioner for grant of ACP and MACP. The respondent District Education Officer, Patna shall also ensure grant of all consequential benefits. Necessary decision on claim of the petitioner must be be taken by the District Education Officer, Patna at the earliest preferably within a period of three months from the date of receipt/production of copy of this order.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U