BHUNESHWAR RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Learned counsel appearing for the petitioner submits that the petitioner was appointed in the Work Charged Establishment of the Water Resources Department on 19.04.1966. After serving more than five years, the petitioner was appointed on the Post of Pump Operator on 15.06.1971 in regular Pay Scale of Rs. 85-1-110/-. Since Tenughat Dam Project incurred a huge expenditure, a decision was taken by the then Government of Bihar to get those surplus employees absorbed in other Government Department instead of retrenching them. Pursuant to that decision, the petitioner was appointed on absorption in Class-IV Post in the Establishment of the Collectorate with effect from 1.09.1997 in the Pay Scale of Rs. 2550-3200/-. After rendering his services to the full-satisfaction of the Authority, the petitioner got retired on 30.09.2004, but the petitioner during service tenure or even thereafter was not given benefit of the A.C.P. (Assured Career Progression) though he was entitled to it as the petitioner was in regular service in the Establishment of the Collectorate, Giridih, with effect from 1.9.1997 and before that he was in regular service in the Establishment of the Water Resources Department with effect from 15.06.1971. Thus, in spite of rendering services for more than 24 years in both the Establishments when the petitioner was not given benefit of the A.C.P., the petitioner has moved to this Court for a direction to the authorities to consider the case relating to the grant of A.C.P. to the petitioner.

(3.) Learned counsel further submits that apart from the aforesaid relief, the petitioner has also made a prayer for a direction to the authority to fix the pay for the purpose of Pension in the Scale of Rs. 2640-4000/- as the petitioner on the date of the appointment in the Establishment of Collectorate was entitled to get the salary in the said pay Scale, but presently the petitioner would not be pressing this issue as according to statement made in Paragraph-15 of the counter-affidavit, the matter is still under consideration.