Disposed

Laxmi Sahu v. The State Of Bihar and Ors.

Patna HC1 Dec 2017CWJC/759/2017

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What is this about?

The High Court of Patna held that it could not direct the grant of time-bound promotion as the scheme had ended in 1995. However, it directed the respondent authorities to examine the petitioner's claims regarding upgradation under the 1993 Promotion Rules or ACP Scheme within sixty days.

What did the court decide?

Liberty granted to approach the respondent No.4 to examine claims under Promotion Rules 1993 or ACP Scheme and pass an order within sixty days.

Laxmi Sahu Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.759 of 2017

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Laxmi Sahu, Son of Late Dashrath Sahu, Resident of Village & Post OfficeKothiya, Police Station- Bhairab Asthan, District- Madhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Human Resources Department, Government of Bihar, Patna.

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The District Magistrate, Madhubani.

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The District Education Officer, Madhubani.

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The District Programme Officer (Establishment), Madhubani.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Prasad For the Respondent/s : Mr. JITENDRA KUMAR ROY NO-1 SC13 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 01-12-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

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The grievance of the petitioner is non-grant of 2^nd time bound promotion. The petitioner claims that similarly circumstanced persons were granted such benefit vide Annexure-1 but in the case of the petitioner different yardstick has been adopted by the respondents.

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The scheme of time bound promotion has come to an end with effect from 31^st December, 1995, therefore, the writ court cannot issue any direction for grant of time bound promotion.

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So far as the other claim of upgradation either under the Promotion Rules, 1993 or under the ACP Scheme is concerned, the petitioner is granted liberty to approach the respondent No.

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Patna High Court CWJC No.759 of 2017(2) dt.01-12-2017 2/2

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4, the District Programme Officer (Establishment) Madhubani who shall look into the grievance of the petitioner and if it is found that the petitioner is entitled to any relief under the scheme of ACP or grant of promotion notionally under the 1993 Promotion Rules, he will place the case of the petitioner before the appropriate authority for final disposal.

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The respondent authorities will take final decision and pass appropriate order in the matter of the petitioner at the earliest preferably within a period of sixty days from the date of filing of such representation.

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With the aforesaid, the writ petition is disposed of.

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It is made clear that this Court has not expressed any opinion on the claim of the petitioner with regard to grant of benefit of ACP scheme or under the 1993 Promotion Rules.

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(Anil Kumar Upadhyay, J)

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spandey/-

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Laxmi Sahu v. The State Of Bihar and Ors.

Case brief

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Laxmi Sahu v. The State Of Bihar and Ors.

Case brief

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