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2017 Supreme(Pat) 848

RAJENDRA MENON, ANIL KUMAR UPADHYAY
Binay Shankar Shukla Son of Late Arbind Prasad Shukla – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. D.K. Sinha, Sr. Advocate
For the Respondents:Mr. Dhurjati Kr Prasad, Advocate, Mr. Mrigank Mauli, Advocate, Mr. Prince Kumar Mishra, Advocate

JUDGMENT :

ANIL KUMAR UPADHYAY, J.

The instant Letters Patent Appeal has been filed by the appellant against the order dated 11.3.2014 passed by the Writ Court in CWJC No. 20676 of 2012.

2. The writ application was filed by the appellant on 2.11.2012 for directing the respondents to allow the actual monetary benefits of grant of 1st and 2nd ACP with effect from 09.08.1999 and 02.03.2003 respectively and to pay the arrears of such benefit. The appellant has also prayed for grant of benefits of Modified Assured Career Progression Scheme on completion of 30 years of service with effect from 2.3.2009, for payment of arrears of revised pay scale on account of 6th pay revision and also for quashing of the decision to recover the alleged excess amount drawn by the appellant prior to 29.6.2003. The writ petition was finally heard and decided on 11.03.2014. The Writ Court referring to the objection of the District Accounts Officer, as contained in Annexure-5 to the effect that in terms of Rule 4(5) of the ACP Rules, 2003 every employee has to fulfill the requirement as contemplated for grant of regular promotion, even for getting the benefit of ACP and in terms of Rule 21(1) of the Bihar Civil













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