SHASHI BHUSAN KUMAR Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD Mr. T. Son, learned counsel for the petitioner. Also heard Mr. N. Lowang, learned Addl. Senior Government Advocate for State respondents.

(2.) BY filing this petition, the writ petitioner is seeking a direction from this court to the authorities concerned for grant of financial benefits as provided under the Assured Career Progression (ACP)/Modified Assured Career Progression(MACP) Scheme, forthwith and also for setting aside and quashing the impugned communication/order dated 07.10.2009(Annexure-8 to the writ petition) and also consider and dispose of the various representations submitted by him before the authorities concerned (Annexure-7 series to the writ petition).

(3.) I have gone through the counter affidavit filed by the State respondents No. 1, 2 and 3. The vital points raised by the petitioner in the writ petition have not been answered by the authorities concerned in the said counter affidavit. The petitioner admittedly has completed required minimum regular service of 10 years making him eligible/entitle for getting financial benefits under the ACP scheme. From the pleadings of the parties and perusal of Central Government's notification dated 19.05.2009, it is found that the petitioner shall complete another 12 years of regular service from 1999 in the month of March, 2011. It means that he would be entitled to MACP only after March, 2011. It is not understood as to how the petitioner has been granted financial benefits under the MACP scheme before due date. This point has also not been clarified by the State respondents in their counter affidavit, there is no statement in the affidavit in regard to the various representations (Annexure-7 series) submitted by the petitioner before the appropriate authorities and whether those representations have been considered and disposed of.