STATE OF JHARKHAND Vs. AWADH KISHORE

JUDGEMENT

(1.) The State of Jharkhand has challenged the order dtd. 3/8/2021 by which the writ Court has quashed the order dtd. 6/10/2017 and directed the respondents authority to grant benefit of 1 and 2 Assured Career Progression Scheme (in short, 'ACP').

(2.) Mr. Sreenu Garapati, the learned SC-III submits that the present Letters Patent Appeal has been filed only on the ground that a government employee whose performance was not satisfactory is not entitled for the benefits of ACP in view of Clause-3 (vii) of the resolution dtd. 14/8/2002.

(3.) The writ Court has held that the allegations of unsatisfactory performance and unauthorized absence from duty by the petitioner are not supported by any order passed by the disciplinary authority and, therefore, the petitioner who became entitled for 1 ACP with effect from 9/8/1999 and 2 ACP on completion of 24 years of service with effect from June 2008 cannot be denied such benefits.