MD. ISLAM Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The present Letters Patent Appeal has been preferred challenging the judgment and order dtd. 9/1/2018 passed in C.W.J.C. No. 13837 of 2011, whereby the learned Single Judge has declined to allow the prayer of the writ petitioners of CWJC No. 13837 of 2011, along with other analogous cases. The Appellants' further prayer is for grant ACP benefits in terms of the ACP (Amended Rules), as was permissible to State Government employees, as well as employees of the respondent-Board (now the company).

(2.) The background of the lis, is that the writ petitioners/appellants came to be appointed as Junior Engineers/Overseers in the erstwhile Board (now restructured and incorporated as Bihar State Power Holding Company w.e.f. 1/11/2012) and were subsequently promoted as Assistant Engineers, and having rendered their respective services, they superannuated in between the years 1999 and 2008.

(3.) In the year 1998, the Pay Revision Committee was constituted by the respondents and the Bihar State Employees Condition of Service (Assured Career Progression Scheme) Rules, 2003 came to be introduced by the State Government, so as to ensure career advancement of those persons, who were in its employment. However, the said rules were adopted by the respondent-Board vide Notification No. 5 dtd. 5/4/2005 as contained in Memo No. 26 dtd. 5/4/2005, and the notification came into force with immediate effect. The said notification was followed by Notification No. 108 dtd. 7/10/2005, imposing such terms as incorporated therein, and stating that the ACP scheme would be applicable to those who were appointed in the service of the Board after 5/4/2005. Later, a modified Assured Career Progression Scheme, 2010 was introduced vide notification bearing Resolution No. 134 dtd. 20/8/2010, which spoke of the implementation of the ACP scheme in toto, as allowed to the State Government employees, but with the rider that the benefit thereof will be given to the Engineer Cadre and the workmen, in terms of the period of entitlement for grant of benefits. As such, in view of the aforementioned decision, the writ petitioners came to be disentitled from availing the ACP Scheme, 2003 and the benefits arising therefrom.