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2023 Supreme(Pat) 1093

MOHIT KUMAR SHAH
Nand Kishore Singh – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: M/s Kishore Kumar Thakur, Braj Kishore Singh.
For the State : M/s Syed Iqbal Ahmad (SC-20), Zeeshan Kalim, AC to SC-20.

Mohit Kumar Shah, J.—The present writ petition has been filed for setting aside the order dated 03.6.2016, issued by the Superintending Engineer, Saran Road Circle, Road Construction Department, Hajipur, i.e. the respondent no.3, in so far as the same concerns the petitioner, whereby and whereunder the petitioner has not only been denied the benefits of second and third Assured Carrier Progression scheme (herein after referred to as the ACP) but has been granted the benefit of 1st ACP w.e.f. 17.01.2010, i.e. from the date of passing of the Departmental Accounts Examination instead of the date of his entitlement i.e. 09.08.1999. The petitioner has also sought quashing of the order dated 28.07.2021, passed by the respondent no.3, in so far as the same concerns the petitioner whereby and whereunder the petitioner has been granted the benefits of 2nd ACP with effect from 17.01.2020, however he has not been granted the benefits of 3rd ACP/MACP.

2. The brief facts of the case, according to the petitioner, are that the petitioner was appointed as Junior Accounts Clerk in the Road Construction Department on 23.05.1987 and at the moment he is posted as Sr. Accounts Clerk at the Road Division

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