Petitioner claimed enhanced scale benefits under ACP scheme. Court noted petitioner lacked confirmation due to failed Accounts exam but disposed petition with liberty to seek parity relief from Principal Secretary Home Department.
Writ petition disposed; liberty granted to file representation for parity relief before Respondent 3 within 4 weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1714 of 2016
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Gangeshwar Sharma, son of Late Ram Charan Singh, resident of village Waina, Police Station Ghosi in the District of Jehanabad
. .. ... Petitioner
Versus
... ... Respondents
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Appearance :
For the Petitioner :Mr. Siya Ram Shahi, Advocate & Mr. Sunil Kumar, Advocate For the State : Mr. Kumar Alok- SC 7 & Mr. Rakesh Kumar, AC to SC 7
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT
Date : 17-01-2019
Heard learned counsel for the petitioner as well as
learned counsel for the State.
The petitioner claims benefits of enhanced scale
provided for the persons promoted to the post of Deputy Superintendent of Police under the Finance Department’s letter dated 7.8.2013.
Learned counsel for the State submits that the benefits as claimed is in respect of Assured Career Progression, as the Finance Department’s letter deals with the manner of grant of benefits of enhanced/revised scale under the ACP scheme of 2003. It is submitted that as per the requirement of Bihar Police Manual, petitioner did not pass the Accounts examination which was mandatorily required under Rule 648(b) of the Bihar Police
Patna High Court CWJC No.1714 of 2016 dt.17-01-2019 2/3
Manual, As such it is submitted that since the petitioner did not pass the Accounts examination, he was not confirmed on the post of the Deputy Superintendent of Police and would not be entitled to grant of benefits of the ACP as contemplated under letter dated 7.8.2013.
In support of the submission, learned counsel for the petitioner relies upon the provisions contained in Clause 5 of the ACP Rules of 2003. However, he submits that similarly situated Laxman Singh and Sri Bal Govind Prasad, who were allegedly junior to the petitioner, have been granted the benefits in light of Finance Department's Letter No.8242 dated 7.8.2013. He submits that for grant of similar benefits citing the case of Laxman Singh and Sri Bal Govind Prasad, petitioner would be approaching the Principal Secretary, Home Department, Government of Bihar, Patna (respondent no.3) in support of the said claim by asserting that Laxman Singh and Sri Bal Govind Prasad had also not passed Accounts examination and were also not confirmed. On this ground, learned counsel for the petitioner claims that the petitioner would be claiming parity before respondent no. 3.
In view of the limited prayer made by learned counsel for the petitioner, writ petition is disposed of with liberty to the
Patna High Court CWJC No.1714 of 2016 dt.17-01-2019 3/3
petitioner to file a representation in respect of his claim before respondent no.3 within a period of four weeks.
In the event the representation as above is filed, the same would be disposed of by a reasoned and speaking order within a period of three months thereof.
(Madhuresh Prasad, J)
Shashi
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 21.1.2019 |
| Transmission Date | NA |
1 issue framed by the court
Whether the petitioner entitled to enhanced scale benefits under Assured Career Progression scheme without passing Accounts examination.
Gangeshwar Sharma
State Of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna
Principal Secretary, Finance Department, Government of Bihar, Patna
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
