Ajay Kumar Tripathi, J.

1. A frivolous appeal has been preferred on behalf of the Patna Municipal Corporation against the order of the learned Single Judge dated 18.03.2015. The reason for saying so is that it is the Corporation, which had hired the erstwhile employee, Ajay Kumar Sinha, as an Assistant Engineer and he worked under the organization for 28 long years. He is dead now and has been substituted by his widow.

2. The erstwhile employee preferred the writ application for grant of benefit of 1st and 2nd Assured Career Progression (ACP). Since this is an anti stagnation scheme, therefore, the prayer was made.

3. Before the learned Single Judge, a plea was taken that his appointment itself is myriad in controversy. His services were never regularized or confirmed and, therefore, a stand was taken that the benefit of ACP can only accrue to a permanent/substantially appointed employee.

4. The learned Single Judge has taken note of the fact that the employee in question worked under the organization for 28 long years, he superannuated, he has been paid all his post retiral dues and even during the period of service, he had earned his increments and other benefits, which a r