Bimal Narain Pandey vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 808

BIBEK CHAUDHURI
Bimal Narain Pandey – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioners: M/s Roona (in 20503); Abhinav Srivastava (in 14907); Ravindra Kumar Singh (in 13481); Sunil Kumar (in 5786); Anil Kumar Choudhary (in 6360); Ravindra Kumar Singh (in 8727);
For the Respondents: M/s Vinay Kirti Singh (GA2)(in 20503); Vikash Kumar (SC-11) (in 13481); Sarvesh Kumar Singh, A.A.G.-13 (in 5786); Standing Counsel (18)(in 6360); Anuradha Singh, SC-21, Rakesh Prabhat, AC to SC-21, Shatabdi Sinha, AC to SC-21 (in 8727).
For the State : M/s S.K. Mandal (SC3), Neelam Kumari, AC to SC-3 (in 14907)
For the PHD : M/s Satyabir Bharti, Abhishek Anand (in 14907)
For the AG Bihar : Mr. Chaitanya Swaroop(in 6360)

Bibek Chaudhuri, J.—These cases, with some factual differences, ultimately relate to same prayer of granting pay-scale under Assured Career Progression or Modified Assured Career Progression, which were denied to the petitioners. Therefore, this Court takes up all the writ petitions, captioned above, and proposes to dispose them of in a common judgement, albeit factual differences.

2. Since the facts of each case is different, the same is narrated separately hereinbelow:

C.W.J.C. No. 20503 of 2021

3. The petitioner was initially appointed as Class-IV employee in Water Resources Department, Government of Bihar. Subsequently, on 22nd of May, 1981, the petitioner along with 101 persons were promoted to the post of Junior Accounts Clerk. Subsequently, by a government order, the posts of Junior Accounts Clerk were merged with the Sr. Accounts Clerk and they are commonly designated as Accounts Clerk. In 2003, rules relating to Assured Career Progression (A.C.P.) under the name and style of Bihar State Employees Services Conditions (Assured Career Progression Scheme) Rules, 2003 came into force, giving retrospective effect on and from 9th of August, 1999. The petitioner was entitled to 1st A