VAKIL PRASAD JAISWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The prayer in the instant writ petition is for a direction commanding the respondents to extend the benefits of first Assured Career Progression (ACP) Scheme to the petitioner w.e.f. 9 th August, 1999 and second A.C.P. w.e.f. 6 th February, 1993.

(2.) The admitted facts are that the petitioner joined the Department as an Assistant Engineer on 6 th February, 1979 and he completed period of 12 years on 6 th February, 1991. The Scheme of ACP was implemented first time on 14 th August, 2002 by virtue of which, it was stipulated that an employee who has successfully completed 12 years of service, he shall be given the benefits of ACP Scheme and on completion of 24 years, he shall be given the benefits of second ACP as well. This benefits was granted to the employees with an embargo that in the event the date of completion of 12 years or 24 years fall prior to 9 th August, 1999 then the incumbent will not be entitled for ACP prior to the said cut-off date i.e. 9 th August, 1999.

(3.) The claim of the petitioner is that he completed 24 years of service on 6 th February, 2003 and therefore, he had perfected his right and claim for second ACP since the period of 24 years of service was fully satisfied. Meanwhile, on account of certain irregularities/illegalities, the petitioner was chargesheeted on 30 th August, 2003 and after facing a departmental proceeding, he was awarded punishment of reversion to thepost of Assistant Engineer from the post of Executive Engineer as well as it was directed that he shall not be granted any promotion for a period of ten years. This order was passed by the competent authority vide order dated 24 th February, 2009.