Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
PARTHA SARTHY
Raj Kumar Thakur Son of Late Baidhynath Thakur – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Health, Govt. of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for acp benefits. (Para 1 , 2 , 4) |
| 2. background of the original petitioner's employment. (Para 5 , 6 , 7 , 11) |
| 3. respondents argue against granting second acp. (Para 8 , 9 , 12) |
| 4. court’s reasoning regarding promotion and acp. (Para 10 , 13 , 14) |
| 5. entitlement to second acp and relief ordered. (Para 15 , 16 , 17) |
JUDGMENT :
PARTHA SARTHY, J.
1. Heard learned counsel for the heirs of the original petitioner (herein after referred to as the ‘petitioners’) and learned counsel for the respondents.
2. The original petitioner filed the instant writ application for the following reliefs :-
“1. i) For directing the respondent authorities to give the replacement scale of 4000- 6000 to the petitioner w.e.f. 1.1.1996 as per the Resolution no. 660 dated 8.2.99 issued by the Finance Department, Govt. of Bihar.
ii) For directing the respondent authorities to give the benefit of first and second Assured Career Promotion to the petitioner in the higher scale w.e.f. 9.8.99 as per the Notification no. 4685 dated 25.6.2003 issued by the Finance Department, Govt. of Bihar.
ii) For directing the respondent authorities to pay the cost of Rs. 10000/- to the petitioner in li
The adjustment to Basic Health Worker position was not a promotion; therefore, the petitioner is entitled to the benefits of second Assured Career Progression from 9.8.1999.
The Court clarified the difference between the replacement scale and upgradation in pay scale under the Assured Career Progression Scheme, emphasizing that the revision in pay scale is distinct from ....
Authorities have discretion to correct financial discrepancies in pay, yet wrongful promotions may negate claims for additional benefits like A.C.P. confirmations.
A writ of mandamus can be issued to direct authorities to resolve pending claims expeditiously.
The main legal point established in the judgment is that the regular service for the purpose of ACP benefits should commence from the date of absorption, as per the MACP Scheme.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
