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2023 Supreme(Pat) 1041

MOHIT KUMAR SHAH
Sukdeo Choudhary – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Brij Mohan Kumar Singh.
For the Respondent: Mr. Anirban Kundu (SC-24).

Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dated 27.11.2017, passed by the Executive Engineer, Minor Irrigation Division, Bhagalpur, whereby and whereunder the date of grant of first Assured Career Progression (for short ‘ACP’) has been modified and changed from 09.08.1999 to 27.06.2007. The petitioner has also prayed for grant of the benefits of first and second ACPs, inasmuch as the petitioner is entitled for grant of the benefits of first ACP with effect from 09.08.1999, as per the Assured Career Progression Rules, 2003. Lastly, the petitioner has prayed for grant of the benefits of third ACP under the MACP Rules, 2010 with effect from 01.01.2009 and fixation of the pay scale and pension accordingly.

2. The brief facts of the case are that the petitioner was appointed by the Superintending Engineer Design (Minor Irrigation) Organization, Patna as Junior Accounts Clerk, vide Memo dated 17.01.1976, whereafter he had submitted his joining on 24.01.1976. The petitioner is stated to have appeared in the Hindi Noting and Drafting Examination, conducted on 28.08.1977, pursuant whereto he was declared to have passed the same, vide Notification da

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