A petitioner absorbed from a dissolved institution into a lower pay scale sought ACP fixation notionally over the Assistant Director scale. The court held that ACP/MACP must be computed on the salary of the post actually held and cannot be granted notionally, dismissing the writ petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10969 of 2024
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Lakshpati Prasad Patel S/o Shri Bhimsen Patel R/o Flat no. 301, Ankur Anand Apartment, Mahesh Nagar, Road no. 4, Patiliputra, P.S.- Patliputra, Dist.Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Shashi Priya, Advocate For the Respondent/s : Mr. Standing Counsel 9 ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
Institution of Educational Trainee, by resolution dated 19.12.2007, the said institution was dissolved by the Government of Bihar. It was decided in the said dissolution resolution that the employees of the State Institution of Educational Trainee would be absorbed to the various departments of the State Government, under same scale of pay, in which they were working.
Patna High Court CWJC No.10969 of 2024(2) dt.25-07-2024 2/3
Patna High Court CWJC No.10969 of 2024(2) dt.25-07-2024 3/3
Sahkari Nideshak w.e.f. 17.04.2019.
(Bibek Chaudhuri, J)
mdrashid/-
U
1 issue framed by the court
Whether ACP could be fixed w.e.f. 15.10.2008 on the Assistant Director scale despite the petitioner's absorption in a lower pay scale in 2008.
Lakshpati Prasad Patel
The State of Bihar through Chief Secretary
The Chief Secretary, Government of Bihar
The Principal Secretary, Education Department
The Additional Chief Secretary, Education Department
The Director (Administration)-cum-Additional Secretary, Education Department
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
