ALOK KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner for getting the benefit under Assured Career Progression Scheme, on the ground that he was initially appointed in the year, 1991 as Assistant Central Intelligence Officer whereas the respondent authorities are considering his appointment on the post of Deputy Collector from 15/16th October, 2000 and the services, rendered by the petitioner as Assistant Central Intelligence Officer earlier, is not being calculated for grant of the benefit under Assured Career Progression Scheme.

(2.) Learned counset for the petitioner submitted that the petitioner was initially appointed as Assistant Central Intelligence Officer in the year, 1991 with the erstwhile State of Bihar. Thereafter, the petitioner applied for his selection in State Administrative Services, in pursuance of a public advertisement, issued by the Bihar Public Service Commission on 31st December, 1997 and appeared in the Combined Competitive Examination, written as well as oral, and got selected for a new post of Deputy Collector. Thereafter, the petitioner resigned from the earlier post on 15th October, 2000 and took charge of the new post i.e. Deputy Collector on the very same day. It is further submitted by the learned counsel for the petitioner that as the petitioner had served as Assistant Central Intelligence Officer from 1991 onwards, his earlier services have been considered for pensionary benefits. Learned counsel for the petitioner relying upon Annexure 11 and 12 to the memo of petition, has submitted that for pensionary benefits, his earlier services from 1991 to 15/16th October, 2000 have been calculated by Annexure 11. Likewise, by Annexure 12, continuity of services have been considered and his pay has been protected and, therefore, now for grant of the benefits under Assured Career Progression Scheme also, the respondents ought to have calculated his services from 1991 onwards.

(3.) Learned counsel for the respondents submitted that the petitioner was appointed in the year, 1991 as Assistant Central Intelligence Officer and, thereafter, he appeared in a Combined Competitive Examination, in pursuance of a public advertisement, in the year, 1997 and subsequently, upon his selection, he has been appointed for the post of Deputy Collector. The post of Deputy Collector, being a fresh and new service, the petitioner resigned from his earlier post of Assistant Central Intelligence Officer and thereafter, the present petitioner has been appointed as Deputy Collector with effect from 15/16th October, 2000 and, therefore, for grant of the benefit under Assured Career Progression Scheme, his services can only be considered with effect from 15/16th October, 2000, because the subsequent post is a fresh and new post, upon which the petitioner is selected through Combined Competitive Examination. The earlier services, rendered by the petitioner as Assistant Central Intelligence Officer, has been considered vide Annexure 11 and 12 to the memo of petition, only for the purposes of pensionary benefit and/or continuity in service and pay protection. However, the benefit under Assured Career Progression Scheme cannot be given to the petitioner, considering the services, rendered by him from the year, 1991 onwards and, as such, no error has been committed by the respondents in considering the services of the petitioner on the new post of Deputy Collector from 15/16th October, 2000