IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 9096 of 2009 Md Shahjaha, son of late Maula Bux, resident of Phulwarisharif, PO & PS – Phulwarisharif, District – Patna, at present working as I/c Sanitary Inspector, Patnacity Circle, Patna - Petitioner Versus 1 The State of Bihar 2 The Principal Secretary, Nagar Vikash Department, New Secretariat, Patna 3 Municipal Commissioner, Patna Municipal Corporation, Patna - Respondents ----------- 3 14.10.2009 The petitioner was appointed as Sanitary Supervisor in the Patna Municipal Corporation on daily wages on 01.07.1975. He was confirmed on that post with effect from 01.05.1984. This is not in dispute. On 01.05.2008, the Patna Municipal Corporation took a decision to implement the Assured Career Progression (ACP) Policy of the State of Bihar which also came into being on 09.08.1999. Petitioner claims that the ACP benefits are available at the end of the 12 years of service and then on completion of 24 years of service, if, in the meantime, persons have not been granted promotion. There is no denial of these facts as well. Petitioner states that he, thus, became entitled to first ACP on 01.05.1996 and the second on 01.05.2008. In the counter affidavit, all these facts are admitted. He further states that several persons and submits some juniors as well have already been granted benefit of the first and second ACP but though his case was recommended to the Head Office for implementation, it has been left neglected for reasons best known to the respondents. This Court is not called upon to decide the reason for denial of ACP to petitioner. In view of admitted facts, the entitlement being - 2 - admitted, it could only be held that delay in giving effect to the entitlement is arbitrary. I, therefore, direct that within 2 months from today, petitioner would be given all benefits in respect of both the ACPs. The matter cannot be delayed inasmuch as all basic facts stand admitted in the counter affidavit. Let it be done so. With the said observation, the writ petition stands allowed. M.E.H./ (Navaniti Prasad Singh)