IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1368 of 2002 PUNA PASWAN, S/O LATE LAKHAN PASWAN, R/O B- 4/16, INDIRA GANDHI INSTITUTE OF MEDICAL SCIENCES CAMPUS, P.O.-SHEIKHPURA, P.S.- SHASTRINAGAR, DISTRICT-PATNA. …………PETITIONER. Versus 1. DIRECTOR, INDIRA GANDHI INSTITUTE OF MEDICAL SCIENCES SHEIKHPURA, PATNA-14. 2. CHIEF ADMINISTRATIVE OFFICER, I.G.I.M.S., SHEIKHPURA, PATNA-14. …………RESPONDENTS. ----------- 10 15.12.2009 After hearing the petitioner, the claims of the petitioner in this case crystallized to his claim for promotion to the post of O.T. Technician Grade-II and grant of ACP as well as time bound promotion to him. On the last date, learned counsel for the Institute was directed to seek instructions and file an affidavit in that respect. An affidavit has been filed by way of second supplementary counter affidavit sworn by Administrative Officer of the Institute. It is categorically stated in the affidavit that time bound promotion scheme is not applicable to the employees of the Institute as the scheme has never been adopted there. So far as claim of promotion to O.T. Technician Grade-II is concerned, it has been stated that the said post is neither sanctioned nor any post 2 is vacant for such promotion. It is also stated that many O.T. Assistants, who are senior to the petitioner, have not been given promotion to O.T. Technician Grade-II on account of want of sanctioned vacant posts. It is also stated that ACP scheme was first introduced by Government of India in 1999 and the same is applicable in the Institute. Those, who were eligible for grant of such scale under the ACP scheme, were given the upgraded scale earlier, the petitioner was at that time not eligible for the same. Learned counsel for the Institute submits that now petitioner has become eligible for consideration of grant of ACP with effect from 11.1.2007 as he has completed 12 years of service on the post of Autoclave Operator. It is said that petitioner was appointed as Autoclave Operator temporarily on 12.4.1994 and he was made regular with effect from 11.1.1995. He submits that the case of the petitioner has therefore ripen for consideration on grant of ACP with effect from 11.1.2007 only, which shall be considered by the Institute and shall be granted to him soon. He submits that the case of the petitioner for grant of such promotion shall 3 be considered within three months and necessary order shall be passed in that respect. He also submits that along with such promotion, petitioner shall be given all the pecuniary benefits of the same with arrears of difference of salary etc. within that very period. In view of such submissions of learned counsel for the Institute, petitioner submits that his grievances have been redressed and, therefore, he prays that the writ application may be disposed of with necessary directions to the respondents to pass orders in respect of grant of such ACP to him within time as agreed by learned counsel for the Institute. The petitioner submits that he was appointed on regular basis as Autoclave Operator on 12.4.1994 and his services was confirmed with effect from 11.1.1995. Therefore, his case for such grant of ACP should be considered counting his services from 12.4.1994 itself. The respondents shall examine the matter and shall pass necessary orders in this regard also, if it is found that he was regularly appointed as Autoclave Operator from 12.4.1994. The writ application is, accordingly, 4 disposed of and the respondents are directed to pass orders for grant of aforesaid benefits to the petitioner within the time frame as agreed by their learned counsel with all consequential benefits of arrears of difference of salary etc. The writ application is disposed of thus. Arvind/ ( J. N. Singh, J.)