MD. QAMARUDDIN Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) Petitioner, in the instant proceedings, has made his claim for grant of Assured Career Progression (for brevity, ACP).

(3.) Stand of the respondents is that the exemption earlier granted from passing the departmental examination was granted to the petitioner at the Divisional Level. Cadre of the petitioner, being State Cadre, the Divisional Commissioner was not competent to grant the exemption and exemption could only be granted at the level of the Department. By raising such an objection, respondents have denied the petitioner's claim for benefits under Second Time Bound Promotion and consequent benefits under ACP Scheme. Claim of the petitioner has been rejected by order dated 30.01.2012 issued by the State Transport Commissioner. The same is impugned in the instant proceedings. Petitioner's claim for grant of benefits under First Time Bound Promotion had arisen between 01.05.1980 - 29.03.1982. This Court, in the earlier writ proceedings at the instance of the petitioner, had held as follows: