CHANDESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) In the present writ petition, petitioner is seeking relief for granting promotion under Assured Career Progression Scheme, 2003 which was amended in the year 2006.

(3.) As per the claim of the petitioner, he was appointed on the post of daily wages driver against sanctioned vacant post in consolidation department on 1.8.1984 and later on vide Memo No. 1341 dated 39.6.1987 the services of the petitioner was regularised against the sanctioned vacant post in the office of the Deputy Director Consolidation (Head Quarter) in the pay scale of Rs.480-690. As per claim of the petitioner, he continued to discharge his duty, was never put to any departmental proceeding nor any show cause or explanation was called from him. He was given benefit of increment from time to time and was granted revised pay scale on the recommendation of the Pay Revision Commission report including revision of dearness allowance. Service of the petitioner was also verified time to time. When the petitioner did not get any promotion, he approached to the authority concerned for granting him benefit of Assured Career Progression under the ACP Scheme, 2003 as other similarly situated persons who were brought in service later on were given the same benefit but in the case of the petitioner they have adopted step motherly treatment.