IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11029 of 2006 SHREE KRISHNA SINGH Versus THE STATE OF BIHAR & ORS ----------- 02. 24.02.2011 Heard learned counsel for the State and the counsel appearing for the Accountant General. Petitioner has retired from the post of Veterinary Doctor on 31.01.2002. During 33 years of his service career, he was not given any promotional benefit. This application has been filed by the petitioner for a direction to the Respondents to give him promotional monetary benefits by allowing him two Assured Career Progressions w.e.f. 09.08.1999 under the Assured Career Progression Scheme, 2003. Petitioner’s case is that several persons, junior to him, have been allowed such benefits, but so far his case is concerned, it has not been considered till date. He also made a representation in this regard before the concerned authorities, but it has not been considered as yet. Counter Affidavit has been filed on behalf the Respondent State. In para 4 of the Counter Affidavit, it has been stated that the State 2 Government has decided to give two Assured Career Progressions to its employees w.e.f. 09.08.1999, first after completion of 12 years and second on completion of 24 years on regular service. Petitioner completed 24 years of regular service, as such his case was put up before the Screening Committee for consideration of his case for ACP promotion. The Committee did not recommend promotion to the petitioner, as his confidential reports of 1994-95 and 1997-98 were not available. His case will again be considered in the next Screening Committee, when these documents will be produced. When counsel for the State was asked whether after filing of this Counter Affidavit in the year 2007, the case of the petitioner has again been considered by the Screening Committee, counsel submits that as per his information, the Screening Committee has already recommended for giving the promotional monetary benefits to the petitioner by way of two ACPs, considering his entitlement. Counsel for the petitioner is not present, either to admit or deny this submission. 3 Considering the fact that petitioner’s case must have been considered and ACP benefits could have been allowed to him, petitioner on account of receiving benefits of two ACP’s, is also entitled for refixation of his salary, and refixation of pension and pensionary benefits, as well as arrears of salary and arrears of pension. Respondents are directed to do the needful, if already not done, within eight weeks of the production / communication of the Order. This application is allowed. SKM (Mridula Mishra, J.)