RAM NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

(2.) Petitioners have filed present writ application for quashing the order dated 17.08.2016 which was passed by the Principal Secretary rejecting the claim of the petitioner for grant of promotion in the selection. The benefit of selection period was earlier available to 20% of the cadre later on the respondents have decided on 04.03.2014 to grant the benefit of all teachers on completion of Kalawadhi.

(3.) Learned counsel appearing on behalf of petitioners submits that the action of the respondents in adopting two different yards is violative of Article 14 and 16 of the Constitution of India. The benefit of up gradation was extended to the teachers to do away stagnation, earlier the scheme of time bound promotion was in place but time bound scheme ceased w.e.f. 31.12.1995. The respondents have taken decision to introduce Assured Career Progression Scheme (ACP) which was subsequently modified as Modified Assured Career Progression. Modified Assured Career Progression Scheme was introduced in 2010 which was extended to the teachers having regard to the lack of opportunity of financial up gradation vide resolution dated 06.03.2019. In the resolution dated 06.03.2019 the condition for grant of MACP is the same as in the MACP Scheme 2010.