KAMLA KANT KHARWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners 16 in number pray for quashing of the letter bearing Memo No. 5612 dated 15.07.2016 of the respondent No. 2, the Additional Secretary, Department of Finance impugned at Annexure-C together with the order bearing memo No. 1382 dated 30.11.2016 of the District Magistrate whereby the benefit given to the petitioners under the Modified Assured Career Progression Scheme in the grade pay of Rs. 4200.00 has been modified at Rs. 2400.00 which is impugned at Annexure- 1 to the writ petition.

(2.) The facts leading to the orders impugned lie in a very narrow compass.

(3.) The State Government in its Department of Finance framed a scheme known as the Assured Career Progression Scheme, Rules 2003 (hereinafter referred to as the "ACP Rules, 2003") for the purpose of removal of stagnation to those who either had no avenue of promotion or had failed to get one but had long tenure of satisfactory service behind them. Under this scheme which came into force with effect from 09.08.1999, a copy of which is annexed at Annexure -10 to the rejoinder, the Government Servant concerned was either entitled to the basic pay of the promotional post, if he qualified for such progression and in case there was no promotional avenue available then the progression had to be given on the next higher pay scale available in the schedule attached to "the Rules 2003". The other mandatory condition was that the incumbent should have 12/24 years of satisfactory service.