Bindhyachal Kumar Sinha, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19765 of 2019 ====================================================== Bindhyachal Kumar Sinha, Son of Late Ramchandra Singh, Resident of Village -Jiauddin Chak, Police Station- Dhanarua, District- Patna. ... ... Petitioner

Versus

1.

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

2.

The Principal Secretary, Agriculture Department, Government of Bihar, Patna.

3.

The Director, Agriculture Department, Government of Bihar, Patna. 4.

The Joint Director, Agriculture, Magadh Division, Gaya. 5.

The District Agriculture Officer, Gaya.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Shantanu Kumar For the Respondents :

Mrs. Alka Verma, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-11-2019 The petitioner is seeking direction to the respondents to allow him financial progression in the nature of Assured Career Progression (ACP)/Modified Assured Career Progression (MACP) after taking into account the service, which he had rendered on contract basis in Agriculture Department as Subject-Matter Specialist. It is his claim that he had worked on contractual basis as Subject-Matter Specialist from 18.08.2010 to 15.05.2013 and subsequently also he was appointed as Agriculture Coordinator, again on contractual basis, on 01.10.2013 and continued as such till 10.01.2018. Subsequently, on the basis of a recruitment process undertaken by the Bihar

Patna High Court CWJC No.19765 of 2019(2) dt.08-11-2019 2/2 Staff Selection Commission, the petitioner has been regularly appointed in the Department with effect from 11.01.2018. In the aforesaid background, the petitioner is seeking direction grant him the benefits of ACP/MACP taking into account the period of his contractual employment.

I do not find any merit in this case at all. The petitioner had held two different posts that too on contractual basis for two different periods. The said periods cannot be taken into account for granting him benefits of ACP/MACP in the absence of statutory rule or decision in this regard. This application has no merit and is accordingly dismissed.

(Chakradhari Sharan Singh, J) Pawan/- U