Disposed

Jitendra Jha v. The State Of Bihar and Ors.

Patna HC18 Apr 2013CWJC/6662/2013

Case brief

AI extract

What is this about?

In a writ petition, the Patna High Court directed the Chief Secretary of Bihar and the State Government to examine whether a retrenched employee adjusted in government service is entitled to past service benefits under Assured Career Progression (ACP) rules, granting the petitioner four months to secure a final order.

What did the court decide?

The petitioner was granted liberty to file a self-contained representation to the Chief Secretary of Bihar to obtain a final order from the State Government within four months regarding entitlement to

Jitendra Jha Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6662 of 2013

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====================================================== Jitendra Jha, son of late Amarnath Jha, resident of Village Dahour, P.O. Achaura, P.S. Barh, Dist. Patna. .... .... Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Human Resource Development Department, Government of Bihar, Patna. 2. The Director, Public Education, Human Resource Development Department, Govt. of Bihar, Patna. 3. The District Public Education Officer, Jehanabad. 4. The District Magistrate, Patna. 5. The Circle Officer, Naubatpur, Patna. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 18-04-2013 Heard learned counsel for the parties as with regard to the following relief prayed in this writ application:-

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"For issuance of a writ of mandamus directing/ commanding the respondents to consider and give 1st and 2nd time ACP (Assured Career Progression) w.e.f. 9.8.199 and 22.8.2009 respectively because w.e.f. 9.8.199 ACP has been made applicable and on 22.8.2009, petitioner has completed 24 years of continuous service and also for issuance of an order/direction to the respondents to give the petitioner all consequential benefits such as arrears of salary and revised pay-scale accrued due to grant of 1st and 2nd ACP.".

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Mr. Ajey Kumar, learned counsel for the petitioner

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has submitted that the petitioner is a retrenched employee of the Adult Education Scheme and, therefore, when his services were

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Patna High Court CWJC No.6662 of 2013 (2) dt.18-04-2013

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absorbed by the State Government he would be also entitled for continuity of service as also the consequential grant of ACP.

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This Court, however, does not find that any such conscious decision to this effect has been taken by the State Government, inasmuch as, the government decision relied by the learned counsel for the petitioner in the letter of the Chief Secretary dated 4.7.2006 (Annexure-11) only mentions that such issue regarding continuing in service by way of grant of retirement benefit etc. was to be taken separately by the State Government. There is also no illustration given by the petitioner that anyone alike him has been granted benefit of ACP by giving credit to the past service rendered by person engaged in Adult Education Scheme. Infact the right of a retrench employee of a temporary scheme followed by subsequent order of adjustment in government service is to be governed strictly by the order of adjustment but there is nothing to show in the order of Chief Secretary dated 3.7.2006 that the State Government had decided to give benefit of post service to the retrenched employee. .

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In view of the above, this Court would direct the Chief Secretary to the Government of Bihar to obtain order of the State Government as to whether retrenched person like the petitioner who has been subsequently adjusted in government

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Patna High Court CWJC No.6662 of 2013 (2) dt.18-04-2013

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service would be entitled for benefit of his past service for also being granted the benefit of A.C.P. which is governed by the Rules framed under proviso to Article 309 of the Constitution in the year 2003.

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In order to shorten this exercise, this Court would also give liberty to the petitioner to file a self-contained representation to the Chief Secretary of the State of Bihar who after its receipt will examine the whole matter in the light of the earlier government decision and pass his final order after getting the issue decided by the State Government within a period of four months from the date of receipt/production of a copy of this order.

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It is, however, made clear that this Court has expressed no opinion on the merit of the claim of the petitioner and has simply remitted the matter back to the Chief Secretary keeping in view the earlier government decision and his order contained in letter no. 1129 dated 4.7.2006 (Annexure-11).

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With the aforementioned observations and direction, this application is disposed of.

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(Mihir Kumar Jha, J)

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Rishi/-

Jitendra Jha v. The State Of Bihar and Ors.

Case brief

What is this about?

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Jitendra Jha v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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