(1.) Heard Mr. Satish Chandra Mishra, learned Counsel appearing for the petitioner and Mr. Deepak Sahay Jamuar, learned AC to AAG 4, for the State.
(2.) The petitioner is aggrieved by the order dated 19.11.2015 passed by the Director General of Police as communicated by the Assistant to the Inspector General of Police (Welfare), whereby in consideration of the claim of the petitioner for grant of benefit of Assured Career Progression the petitioner has though been granted progression with effect from 15.09.2009 in the light of the exemption from the Accounts Examination given by the Headquarters vide letter dated 05.03.2014 but since the petitioner had superannuated on 31.03.2012 that no further progression has been granted. It is this denial of further progression which has aggrieved the petitioner to prefer this writ petition.
(3.) There is no dispute on facts as regarding the service tenure of the petitioner as also the claim raised by him for grant of Assured Career Progression under the "Bihar State Employees Conditions of Service (Assured Career Progression Scheme) Rules, 2003 (hereinafter referred to as the "ACP Rules") and the Modified Assured Career Progression Rules, 2010 (hereinafter referred to as the "MACP Rules"). The dispute is on the denial of progression from the due date(s) as no progression has been given to the petitioner in his entire service tenure of 37 years except the one in the year 2009 and the reason assigned is because, the exemption to the petitioner from appearing in the Departmental Accounts Examination came only with effect from 15.09.2009 and since the petitioner superannuated on 31.2012 that the second progression to which the petitioner would have become entitled with effect from 15.09.2019, could not be given.