UDAY SHANKAR PRASAD Vs. THE BIHAR VIDHAN PARISHAD

JUDGEMENT

(1.) The challenge in the present writ application is to an order passed by the Secretary, Bihar Vidhan Parishad on 3rd May, 2012 whereby, the petitioner has been ordered to be granted pension against the post of Hindi Translator, but with financial up-gradation on completion of 12, 24 and 30 years of service.

(2.) The petitioner was appoint against the post of Assistant Hindi Translator on 12.07.1978. Subsequently, he was appointed as Hindi Translator (Hindi Expert) which is a duly sanctioned post. Subsequently, he was promoted to the post of Sec. Officer (Hindi Translator) on 13th September, 1984 and then Administrative Officer (Hindi Translator) on 2nd November, 1991 and then Under Secretary (Hindi Translator) on 27th November, 1995. The petitioner attained the age of superannuation on 31st of July, 2011.

(3.) The order passed by the Secretary, Bihar Vidhan Parishad is to the effect that the posts of Sec. Officer, the Administrative Officer and the Under Secretary are not the sanctioned posts against which the petitioner could be promoted and thus, he is not entitled to pension of the post from which he attained the age of superannuation. Since in the absence of promotion, the petitioner would have stagnated in the same cadre, therefore, he was granted benefit of Assured Career Progression Scheme on completion of 12, 24 and 30 years of service.