IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8120 of 2006 RANJAN KUMAR CHAUHAN Versus THE STATE OF BIHAR & ORS For the Petitioner: M/S Birendra Pd. Verma, Yogendra Kumar. For the Respondents: Mr. Chhote Lal Narain Singh, S.C. I ----------- 2. 06.08.2008 Heard learned counsel for the petitioner and the State. The relief prayed for in this application is for grant of the benefit of assured career progression scheme with effect from 2.6.2002 on completion of 12 years of service. The petitioner was appointed as Deputy Collector on 2.6.1990 and has been confirmed as such on 30.7.1995, based on which the claim arises. The counter affidavit urged pendency of the departmental proceeding and a criminal proceeding for denial of the same. Learned counsel for the petitioner produced before this Court a cyclostyled copy of an order dated 2.4.2007 to submit that in a departmental proceeding the punishment of censure was awarded for the year 1993-94. Thus, the tenure of the punishment was for three years which has also lapsed prior to the date from which the petitioner claimed eligibility. With regard to the pendency of the criminal proceedings, learned counsel submits that reliance on the Government instruction dated 11.9.2002 at Annexure-A to the counter affidavit for the same is misconceived. The instruction deals with the cases of regular promotion by a departmental promotion committee. The grant of - 2 - benefit of assured career progression is not a promotion in the sense of the term of a vertical movement from a lower post to a higher post but only a grant of certain monetary benefits on the same post. In that view of the matter, Annexure-A has no application. In light of the discussion as aforesaid, this writ application is disposed with direction to the Respondents to consider the case of the petitioner for grant of benefits of assured career progression scheme from 2.6.2002, the same not having been disputed in the counter affidavit, and take a final decision with consequential benefits within a maximum period of three months from the date of receipt and/or production of a copy of this order. Let the cyclostyled copy of the order dated 2.4.2007 produced be kept on record. The writ application stands allowed. AKS/ (Navin Sinha, J.)