RAMSRIJ YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present case, the petitioner is seeking relief for the benefit of 2nd Modified Assured Career Progression Scheme with effect from 27.01.2010 and to pay him arrears thereof along with interest by modifying the Office order vide Memo No.750 dated 10.03.2011 of Chief Engineer (Mechanical), Balmi Division of Water Resources Department, Government of Bihar, whereby and whereunder the petitioner has been given the benefit of 1st Modified Assured Career Progression with effect from 10.01.2010 instead of giving second Modified Assured Career Progression as he is entitled Patna High Court CWJC No.3444 of 2013 dt.01 -02 -2016 for the same, having served as a Correspondence Clerk since 27.1.1990 i.e. more 20 years and so much so that he has cleared his Departmental Accounts Examination on 10.7.2010, which was communicated to him vide letter No.1/18 -06/2009 -925 dated 10.07.2010.

(2.) The short facts of the case are that the petitioner was appointed as Chaukidar on 05.04.1978, later on, promoted as Correspondence Clerk on 27.1.1990. The petitioner has passed the Departmental Accounts Examination on 16.01.2010. The petitioner has been granted 1st M.A.C.P. with effect from 30.03.2011, but claim has been made to grant 2nd MACP with effect from 27.01.2010.

(3.) Learned counsel for the petitioner submits that for granting 1st and 2nd A.C.P. the passing of the Departmental Examination is essential element as provided under 2003 A.C.P. Rule, which was made applicable from 09.08.1999. The M.A.C.P. Rule, 2010 has been made effective from 01.01.2009; in the said scheme there is no requirement for passing any such Departmental Examination for entitlement of progression in scale of pay, as the petitioner was promoted as Correspondence Clerk on 27.01.1990, he will be entitled to the 1st A.C.P. after 10 years i.e. in the year 2000 and will be entitled to the 2nd M.A.C.P. after completion of 20 years. He Patna High Court CWJC No.3444 of 2013 dt.01 -02 -2016 has further submitted that one similarly situated female candidate Smt. Kalpana Kumari, has been granted 1st A.C.P. with effect from 01.01.2006 and 2nd M.A.C.P. on 03.05.2010 and therefore, similar treatment should be given to the petitioner.