SHYAM SUNDAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal under clause 10 of the Letters Patent is directed against the order/judgment dtd. 18/12/2017 passed by the learned Single Judge of this Court in W.P.(S) No. 1940 of 2014, whereby and whereunder, the writ petition has been dismissed by declining to interfere with the decision of the Government as contained in Memo No. 2394 dtd. 11/9/2013 issued under the signature of respondent no. 2 by which the implementation of Dynamic Assured Career Progression Scheme (in short DACP) w.e.f. 5/4/2002 and 29/10/2008 as per the 5 Pay Revision recommendation and 6 Pay Revision recommendation respectively has been shifted to 1/9/2008, as also prayer for quashing of the notification contained in Memo Nos. 51(3) and 52(3) both dtd. 15/1/2014 by which the benefit granted in favour of the writ petitioner under DACP have been withdrawn.

(2.) The brief facts of the case as per the pleading made in the writ petition, which require to be enumerated herein, read as under:

(3.) It is evident from the factual aspect that in view of the decision of the Government of India, Ministry of Health and Family Welfare, the scheme of DACP was implemented w.e.f. 5/4/2002 on the basis of the recommendation made by the Central Pay Commission as under 5 Pay Revision recommendation. The aforesaid scheme contains a provision that promotion under the said D.A.C.P. scheme shall be made without linkage to the vacancy position. In other words, no vacancy is required for giving the benefits under D.A.C.P. Scheme.