RAGHUBANSH NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and the learned Counsel for the State.

(2.) The Petitioner was initially appointed as a Sergeant in January 1970 when he was promoted as Sergeant Major in August 1982 and subsequently as Deputy Superintendent of Police on 1.11.1996 with effect from 1.6.1994. He has superannuated from service on 31.10.2007. The Petitioner is stated to have represented commencing from January 2007 till January 2010 for grant of Second ACP benefits in the pay scale of Rs. 10,000-15,200/-. The representations having evoked no response he has moved this Court.

(3.) Counsel for the Petitioner submits from Annexures-7 & 8 to the writ application supported by pleadings in paragraph 12 that his juniors have been granted the benefits in the aforesaid pay scale causing hostile discrimination against the Petitioner. Placing reliance on the Bihar State Employees Condition's of Service, Conditions Amendments (Assured Career Progression Scheme) Rules, 2006 (hereinafter called "ACP Rules"), it is submitted from Clause 4 (1) that the basic principle of the Rules was to prevent stagnation of a person who has been working in the same scale of pay including any relevant scale for the period of 12/24 years respectively. To insist upon the Petitioner passing any departmental examination or confirmation of his service under the Bihar Police Manual, shall be defeating the very purpose of the ACP Rules an anti-stagnation measure.