AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the petitioner and learned counsel for the Respondent -State.
The petitioner's grievance is that he has been deprived of his benefits of Time Bond Promotion and Assured Career Progression Scheme (for short 'A.C.P.'). A direction has been sought that the Authorities should extend the benefits to the petitioner.
The petitioner is a retired Veterinary Doctor. The claim of the petitioner is that his first benefit under the A. C. P. became due in the year 09.08.1999. The Authorities have rejected the petitioner's claim and in support of such rejection statements have been made in paragraph No. 10 of the counter affidavit that the charge-sheet was submitted in Khagaria P.S. Case No. 93 of 2001 on 04.08.2005.
The petitioner's counsel relying upon the decision in the case of Bank of India & Anr. vs. Degala Suryanarayana reported in 1999(3) SC PLJR 83 submits that the relevant date was the date on which the petitioner became eligible i.e. on 09.08.1999. As on that date neither any charge memo was issued in any disciplinary proceedings nor charge-sheet filed in any criminal trial against the petitioner. Therefore, on that date, there was no obstacle in grant of benefits under the A.C.P. due to him w.e.f. 09.08.1999. The subsequent submissions of the charge-sheet in the criminal case on 04.08.2005, therefore, is immaterial.
On a consideration of the submissions of the rival parties, this Court is in agreement with the submissions advanced on behalf of the petitioner's counsel. The Authorities should take a decision afresh in respect of the petitioner's claim for First Time Bound Promotion without taking into consideration the fact of submission of charge-sheet on 04.08.2005 in Khagaria P.S. Case No. 93 of 2001. In order to facilitate such consideration, this Court would observe that the order dated 23.09.2011 earlier passed in respect of the petitioner's claim shall not stand in the way of the fresh determination based on the observation indicated above.
The writ application stands allowed to the aforesaid extent.