SUDAMA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners claim to be Ayurvedic Medical Officer of the State. They have been recommended for allocation to the State of Bihar by the Committee but no final allocation of State has been issued by the Central Government under Section 72(2) of the Bihar Reorganisation Act, 2000. The grievance of the petitioner is that though in the case of other doctor the benefit arising out of Assured Career Progression (hereinafter it shall be referred to as ACC for short) has been allowed such benefit to which petitioners are entitled since 15.11.2000 has not been granted to them nor they have been provided non - practicing allowance to which they are entitled.

(2.) AS the aforesaid issue requires determination firstly by the respondents and the appropriate Committee is to find out the claim of individual petitioner, instead of deciding the case on merit, it is remitted to the Secretary, Health and Family Welfare Department, Government of Jharkhand, Ranchi. The officer may place the matter before an appropriate Committee/Departmental Promotion Committee to find out as to whether the petitioners are eligible and entitled for the benefit of ACP scheme and will pass appropriate order of such recommendation within a period of four months from the date of receipt of representation. So far as payment of non -practicing allowance is concerned, the Secretary will pass separate order in respect of the petitioners taking into consideration the judgment as may be referred by them and pass appropriate order within the aforesaid period.

(3.) THE writ petition stands disposed of with the aforesaid observations/directions.