The High Court dismissed a writ petition seeking directions for financial progression benefits (ACP/MACP) by allowing the petitioner's pre-regularization contractual service periods, finding no merit due to absence of statutory rules or relevant judicial precedents. The order was oral.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19765 of 2019
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Bindhyachal Kumar Sinha, Son of Late Ramchandra Singh, Resident of Village -Jiauddin Chak, Police Station- Dhanarua, District- Patna.
... ... Petitioner
... ... Respondents
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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
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
3 issues framed by the court
Whether the period of contractual employment can be considered for granting Assured Career Progression or Modified Assured Career Progression benefits in the absence of a statutory rule or judicial de
Whether the petitioner's claim for ACP/MACP benefits recognizing his contract service has merit.
Whether the petitioner's writ petition regarding direction to grant financial progression benefits should be allowed.
Bindhyachal Kumar Sinha
The State of Bihar through the Principal Secretary, Agriculture Department, Bihar, Patna
The Principal Secretary, Agriculture Department, Government of Bihar
The Director, Agriculture Department, Government of Bihar
The Joint Director, Agriculture, Magadh Division, Gaya
The District Agriculture Officer, Gaya
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
