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2017 Supreme(Pat) 738

ANIL KUMAR UPADHYAY, RAJENDRA MENON
Uday Shankar Prasad, Son of Late Balram Singh – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. S.B.K.Mangalam, Mr. Anita Kumari, Advocate
For the State : Mr. Ajay Kumar Rastogi

JUDGMENT

1. Seeking exception to an order dated 24.8.2016 passed by the Writ Court in C.W.J.C. No. 6326 of 2016, this appeal has been filed under Clause 10 of the Letters Patent.

2. The facts in nutshell, which are relevant for consideration, are that the petitioner was appointed as Compilation Clerk in the road Construction Department, Government of Bihar in the year 1986. He joined and started working in the Department since 25.7.1986. As he was stagnating in the post without any promotion or grant of higher pay scale, the competent authority in accordance to the Bihar State Employees Service Condition (Assured Career Progression Scheme) Rules, 2003 (hereinafter referred to as ‘the Rule 2003’) granted promotion to the appellant in the next higher pay scale after completing 12 years of service with effect from 9.8.1999 and the second promotion was also granted to him subsequently after completing 24 years of service with effect from 1.1.2009. However, by the order dated 16.2.2016 impugned in the writ petition, Annexure-4, the benefits granted to the appellant under the Rules of 2003, were withdrawn and the amount directed to be recovered, this has led to the appellant challenging th















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