The High Court disposed of this writ petition after the respondent admitted pending payment of Assured Career Progression (A.C.P.) arrears, directing payment within one month and imposing daily costs for delay.
Direction to the respondent No. 2 to pay the entire arrears of A.C.P. within one month or pay costs of Rs. 500 per day for delay.
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Court No. - 7
Case :- WRIT - A No. - 11638 of 2018
Petitioner :- Bachchalal Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gopal Ji Rai Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Gopal Ji Rai, learned counsel for the petitioner and Sri S.P. Singh, learned standing counsel for the State-respondents.
This writ petition has been filed praying for the following relief:
"(A) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to provide the benefit of earned leave, Assure Career Progression (A.C.P.) as well as amended pension in the Government Order dated 18.07.2017 along with interest to petitioner, whithin a specific period as fixed by this Hon'ble Court.
Today, Sri S.P. Singh, learned standing counsel has produced instructions of the respondent No.2 bearing letter No.1062/2018-19 dated 28.5.2018 in which he has admitted that certain payment of arrears of A.C.P. etc. is pending.
Learned standing counsel states that the entire payment of arrears of A.C.P. of the petitioner shall be made within one month from today.
In view of the aforesaid, this writ petition is disposed of directing the respondent no.2 to ensure that the entire payment of arrears of A.C.P. of the petitioner is made to him within one month from the date of presentation of a certified copy of this order. In the event, payment is not made within one month, as aforesaid, the respondent nos. 2 and 3 shall be liable to cost of Rs.500/- per day for each day of delay to be payable equally by them. The cost, if any, shall be recovered from the personal salary of the respondent nos. 2 and 3 in equal proportion.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 12.7.2018 Ak/
2 issues framed by the court
Whether the State of U.P. must pay the arrears of Assured Career Progression (A.C.P.) benefits to the petitioner.
Whether a time-bound direction to ensure payment of A.C.P. arrears is appropriate in a writ jurisdiction.
Bachchalal Ram
State Of U.P.
3 Others
Surya Prakash Kesarwani
As recorded by the court registry
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