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Patna High CourtCWJC/15971/2010allowed

Md.Roohul Amin v. The State Of Bihar And ORS

2018-06-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15971 of 2010 ====================================================== Md. Roohul Amin S/o Late Md. Mojibur Rahman R/o Mohalla-Eqbal Nagar, P.O.- Line Bazar (Jhanda Chowk), P.S.- Khazanchihat (Sahayak), Distt.- Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director, Mass Education Human Resources Development Department, Government of Bihar, Patna

3. The District Mass Education Officer, Purnea

4. The District Mass Education Officer, Begusarai .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Syed M. Ashraf For the Respondent/s : A.C. to G.A.-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-06-2018 The petitioner by way of the present writ petition has prayed for directing the respondents to grant the benefits of 1st and 2nd A.C.P.

The learned counsel for the petitioner submits that the benefits of the 1st and 2nd A.C.P. has not been granted to the petitioner on account of pending charges.

Having regard to the facts and circumstances of the present case, this Court is of the view that the benefits of A.C.P. cannot be denied to the petitioner on account of pendency of either departmental proceeding or criminal charges since grant of A.C.P. is not a promotion in the strict sense. The grant of A.C.P. is only to remove stagnation of a particular post on account of non-grant

Patna High Court CWJC No.15971 of 2010 (5) dt.19-06-2018 2/2 of promotion to the incumbent. In fact, no circular / notification / resolution of the Government has been brought to the notice of this Court by the respondents to contend that in such a situation the benefits of A.C.P. can be denied. Moreover, grant of A.C.P. is not a promotion in the sense of the term of a vertical movement from a lower post to a higher post but only grant of certain monetary benefits on the same post.

For the reasons mentioned herein above, the writ petition is allowed and the authority is directed to examine the case of the petitioner and grant the due A.C.Ps. within a period of four weeks from today.

(Mohit Kumar Shah, J) S.Sb/- U