SUDAMA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the petitioners of the present writ application are working as Lecturer in what is known as Government Rai Bahadur Homeopathic Medical College and Hospital at Muzaffarpur. They have a grievance against the respondents, because they have issued an order dated 22.4.2010, contained in Annexure-5, by virtue of which the benefit of pay-scale given to them in the Assured Career Progression Scheme (hereinafter referred to as the A.C.P. for short), by virtue of Annexure-4, has been modified. They want quashing of Annexure- 5, because according to the petitioners it not only reduces the pay-scale given to them earlier by way of Annexure-4, but the withdrawal is also totally arbitrary and shows non-application of mind. No doubt, when Annexure-4 was issued on 20th of August, 2008, the petitioners were given a particular pay-scale of Rs. 10,000-15,200/- as the 1st A.C.P. and pay-scale of Rs. 12,000-16,500/- under 2nd A.C.P. However, on an objection raised by the Finance Department and on review of the provisions of the A.C.P. Scheme of 2003, especially clause 3, sub-clause 2, the pay-scales have been reduced to Rs. 7,500- 12,000/- as 1st A.C.P. and Rs. 8,000-13,500/- under 2nd A.C.P.

(2.) The College in question was taken over by the State Government and the petitioners, therefore, are Government servants, were entitled to benefits, which are available to other Government servants under the A.C.P. Rules of 2003, which guarantees benefit of promotion of 1st A.C.P. after 12 years and 2nd A.C.P. after 24 years of service. According to the petitioners since there was some confusion with regard to sub-rule 2 of Rule 3 of the 2003 Rules, an amendment was made by the State Government in the year 2007 and Notification No. 769, dated 28.1.2008 came to be issued, which is Annexure-2. The 2003 ACP Rules as well as the amended Rule became applicable w.e.f. 9th of August, 1999.

(3.) It is the case of the petitioners that as per the amended A.C.P. Rules, sub-rule 2 of Rule 3 was supplemented and it was declared that if the next cadre of promotion is available to a service, the minimum pay-scale of next promotional cadre would be granted to the concerned employees in the shape of benefit under A.C.P. When the State Government took over the college, in question, the services of the petitioners were confirmed as Government servants w.e.f. 1.4.1981, despite variable dates of appointment made by the governing body of the college before it was taken over by the State. The long period of service entitled the petitioners to the benefit of the 1st and 2nd A.C.P.