STATE OF JHARKHAND Vs. DHANANJAY KUMAR

JUDGEMENT

(1.) Heard learned counsel for the appellants State and learned counsel for the private respondent.

(2.) The appellants State is aggrieved by the impugned order dated 8.2.2016, passed by the Hon'ble Single Judge, in WP(S) No. 5558 of 2012, whereby the writ application filed by the respondent writ petitioner challenging the order dated 29.8.2012, rejecting his claim for the benefit of the 2nd ACP w.e.f. 16.10.2004, and giving the benefit of 1st ACP w.e.f. 16.10.2004 and 2nd ACP w.e.f. 7.7.2008, has been allowed, quashing the said order dated 29.8.2012, with all the consequential benefits.

(3.) The facts, which are not in dispute, are that the respondent writ petitioner was appointed on the post of Assistant in the Office of Advocate General, Bihar, on 30.4.1979 and he also superannuated from service on 31.12.2011. On the basis of the Departmental Screening Committee for giving the benefits of the Assured Career Progression scheme to the employees, pursuant to the State Government's Resolution dated 14.8.2002, by order dated 16.12.2004, even though the writ petitioner had not been given the benefit of 1st ACP as had not cleared the departmental examination for the same and was not entitled thereto, he was directly given the benefit of 2nd ACP w. e. f. 16.10.2004, i. e. , the date from which he was exempted from passing in the departmental examination, on completion of the age of 50 years. The aforesaid order dated 16.10.2004, whereby the petitioner was given the 2nd ACP directly w. e. f. 16.10.2004, was also approved by the State Government and thereafter the writ petitioner superannuated from service on 31.12.2011.