Ram Vinay Kunwar @ Ram Vinai Kunmar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20192 of 2019 ====================================================== Ram Vinay Kunwar @ Ram Vinai Kunmar S/o Ram Ballabh Kunwar Resident of Ward No. 9, Shanti Nagar, Talkhapur, P.s.- Dumra, Distt.- Sitamarhi, the retired Assistant Sub-Inspector of Police, District Force, Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna 2.

The Inspector General of Police Tirhut Range, Patna 3.

The Superintendent of Police Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Respondent/s :

Mr.Md. N.H. Khan (SC-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the parties.

2. The petitioner was initially appointed as Constable and he was subsequently given promotion to the rank of Havildar in the year 1982 and Assistant Sub-Inspector of Police in the year 2011. He has a grievance that the petitioner was entitled for Assured Career Progression, which was not allowed to him till he attained the age of superannuation in the year 2015. It has been stated that the petitioner was entitled for second ACP after completion of 24 years of service on 09.08.1999 and third MACP with effect from November, 2011. Despite the fact that he has been representing the authorities for grant of benefits under the ACP/MACP scheme, no final

Patna High Court CWJC No.20192 of 2019(22) dt.19-11-2019 2/2 decision has yet been taken.

3. Considering the nature of relief, which the petitioner is seeking, this writ application is disposed of at this stage itself with a direction to the Superintendent of Police, Sitamarhi to consider the petitioner's grievance relating to grant of ACP. He shall treat the present writ application as the petitioner's representation for deciding the petitioner's claim for grant of ACP, as has been claimed. Decision must be taken by the Superintendent of Police, Sitamarhi within three months from the date of receipt/production of a copy of this order to be filed along with a copy of the present writ application.

4. If the petitioner is found entitled to grant of Assured Career Progression, the respondents shall ensure payment of arrears of salary accordingly and sanction for revised pensionary benefits, in accordance with law.

5. This application stands disposed of.

(Chakradhari Sharan Singh, J) arun/- U