Urmila Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6705 of 2015 ====================================================== Urmila Singh, W/o (Late) Raj Kumar Singh, R/o Mohalla - Qamruddinganj, P.O.- Biharsharif, P.S.- Laheri, District - Nalanda, at present R/o Mohalla - Laheri, Beside Central Bank, P.O.- Biharsharif, P.S.- Laheri, District - Nalanda.

... ... Petitioner/s

Versus

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

2. The Director, Secondary Education, Bihar, Patna.

3. The Director (Administration) cum Joint Secretary, Human Resources Department, Bihar, Patna.

4. The Deputy Director (Administration) cum Joint Secretary, Human Resources Department, Bihar, Patna.

5. The District Education Officer, Nalanda at Bihar.

6. The District Programme Officer (Establishment), Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Fakhruddin Ali Ahmad For the Respondent/s :

Mr. Sarbesh Kumar Singh, AAG-13 Mrs. Sunita Kumari, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 27-11-2018 Heard learned counsel for the petitioner and the respondents.

2. The scheme of time bound promotion ceased to exist after 31.12.1996 and as such no relief can be granted to the petitioner with regard to time bound promotion.

3. So far as the claim of the petitioner for grant of Assured Career Progression Scheme (ACP) is concerned, liberty shall be available to the petitioner to first approach the departmental authority for his grievance and in the event the case of the petitioner is covered by the ACP Rules and similarly

Patna High Court CWJC No.6705 of 2015 dt.27-11-2018 2/2 circumstanced others have been granted such benefit, the respondents may also consider the case of the petitioner for grant of ACP under the ACP Rules. Necessary decision in this regard must be taken by the respondents considering the fact that the petitioner has now superannuated within a period of four months from the date of filing of such representation along with a copy of this order.

4. The petitioner is also granted liberty to approach the respondents for correction in the date of grant of promotion. In the event such representation is filed by the petitioner, the respondents will dispose of the representation of the petitioner by a reasoned and speaking order within the time frame as indicated hereinabove.

5. It goes without saying that if anything is admissible to the petitioner, the respondents have to ensure payment of consequential benefits within the same time as indicated herein above.

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

(Anil Kumar Upadhyay, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.11.2018 Transmission Date