IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13543 of 2007 1. Raghubansh Singh, S/O- LATE SARYU PRASAD SINGH, RESIDENT OF MOHALLA- NEW YARPUR, POLICE STATION- GARDANIBAGH, DISTRICT- PATNA PRESENTLY POSTED AS PERSONNEL ASSISTANT IN LABOUR DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. DHARMDEO SINGH, S/O- LATE DEV NANDAN SINGH, RESIDENT OF MOHALLA- ASHOPUR, POST OFFICE- KHAGAUL, POLICE STATION- DANAPUR, DISTRICT- PATNA, PRESENTLY POSTED AS PERSONNEL ASSISTANT IN DEPARTMENT OF PUBLIC HEALTH AND ENGINEERING. GOVERNMENT OF BIHAR, PATNA. 3. SUBHASH CHANDRA DAS, SON OF LATE UPENDRA NARAYAN DAS, QUARTER NO. 77, RESIDENT OF MOHALLA- SHASTRI NAGAR, POLICE STATION- SHASTRI NAGAR, DISTRICT- PATNA PRESENTLY POSTED AS PERSONNEL ASSISTANT IN DEPARTMENT OF PUBLIC HEALTH AND ENGINEERINGGOVERNMENT OF BIHAR, PATNA. 4. SUNIL KUMAR SHRIVASTAVA, SON OF SRI JAGDISH PRASAD SHRIVASTAVA, RESIDENT OF MOHALLA- NEW YARPUR, NY-36, JHUN-JHUN MAHAL ROAD, POLICE STATION- GARDANIBAGH, DISTRICT- PATNA PRESENTLY POSTED AS PERSONNEL ASSISTANT IN DEPARTMENT OF BIHAR STATE PLANNING BOARD, GOVERNMENT OF BIHAR, PATNA. 5. RAMTAWAKYA SINGH, SON OF LATE SHYAM NARAYAN SINGH, QUARTER NO. C/4, RESIDENT OF MOHALLA- EAST GARDENER ROAD, POLICE STATION- KOTWALI, DISTRICT- PATNA PRESENTLY POSTED AS PERSONNEL ASSISTANT IN DEPARTMENT OF LABOUR, GOVERNMENT OF BIHAR, PATNA. 6. DINESH KUMAR SINGH, SON OF SRI RAM LAKHAN SINGH, RESIDENT OF MOHALLA- LAHERI, POLICE STATION- BIHARSHARIF, DISTRICT- NALANDA PRESENTLY POSTED AS PERSONNEL ASSISTANT IN DEPARTMENT OF ROAD CONSTRUCTION, GOVERNMENT OF BIHAR, PATNA. 7. AMAR NATH GUPTA, SON OF LATE INDRA BHAN PRASAD, RESIDENT OF MOHALLA- KHAZANCHI GALI, MACHUATOLI, POLICE STATION- DANAPUR CANTT. DISTRICT- PATNA PRESENTLY POSTED AS PERSONNEL ASSISTANT IN DEPARTMENT OF COOPERATIVE, GOVERNMENT OF BIHAR, PATNA. 8. PYARE PRASAD, SON OF SRI RAMU MAHTO, RESIDENT OF MOHALLA- NEW ALKA PURI, ROAD NO. 5, HOUSE NO. 3, POLICE STATION- GARDANIBAGH, DISTRICT- PATNA PRESENTLY POSTED AS PERSONNEL ASSISTANT IN DEPARTMENT OF WELFARE, GOVERNMENT OF BIHAR, PATNA. 9. OM PRAKASH THAKUR, SON OF LATE DARBARI THAKUR, RESIDENT OF MOHALLA- ANAITH, POST- ARA, POLICE STATION- NAWADA, DISTRICT- BHOJPUR, PRESENTLY POSTED AS PERSONNEL ASSISTANT IN DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT OF BIHAR, PATNA. 10. NAND KISHORE PRASAD SINGH, SON OF LATE RAMSWARUP SINGH, RESIDENT OF MOHALLA- EAST INDIRA NAGAR, ROAD NO. 2 1, POLICE STATION- KANKARBAGH, DISTRICT- PATNA, PRESENTLY POSTED AS PERSONNEL ASSISTANT IN DEPARTMENT OF REGISTRATION DEPARTMENT GOVERNMENT OF BIHAR, PATNA. 11. RAJ BALLABH PRASAD, SON OF LATE PUNA MAHTO, RESIDENT OF VILLAGE- THELWA, POST OFFICE- THELWA, VIA- LOHIA NAGAR, POLICE STATION- PHULWAR SHARIFF, DISTRICT- PATNA, PRESENTLY POSTED AS PERSONNEL ASSISTANT IN DEPARTMENT OF COMMERCIAL TAX TRIBUNAL, GOVERNMENT OF BIHAR, PATNA. 12. ANAND MOHAN PANDEY, SON OF SRI BANSIDHAR PANDEY, RESIDENT OF MOHALLA- ANAND VIHAR, POST OFFICE, ANISHABAD, POLICE STATION- GARDANIBAGH, PATNA- 800 002 AND PRESENTLY POSTED AS PERSONNEL ASSISTANT IN DEPARTMENT OF HOME (JAIL), GOVERNMENT OF BIHAR, PATNA. 13. BINAY KUMAR LAL, SON OF LATE RAMDEV LAL, QUARTER NO. 144/800, RESIDENT OF MOHALLA- SHASTRI NAGAR, POST OFFICE SHASTRI NAGAR, POLICE STATION SHASTRI NAGAR, DISTRICT- PATNA, PRESENTLY POSTED AS PERSONAL ASSISTANT IN OFFICE OF I.G. (POLICE), DEPARTMENT OF HOME (POLICE GOVERNMENT OF BIHAR, PATNA. 14. MD. ISRAILUDDIN, SON OF LATE MD. NAIMUDDIN, RESIDENT OF VILLAGE- BELCHISHARIF, POST OFFICE- BELCHISHARIF, POLICE STATION- MANPUR, DISTRICT- NALANDA, PRESENTLY POSTED AS PERSONNEL ASSISTANT IN DEPARTMENT OF MINORITY WELFARE DEPARTMENT GOVERNMENT OF BIHAR, PATNA :--- PETITIONERS. Versus 1. The State Of Bihar THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE COMMISSIONER, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, MAIN SECRETARIAT, PATNA. 3. THE FINANCE COMMISSIONER, GOVERNMENT OF BIHAR, MAIN SECRETARIAT, BIHAR, PATNA. 4. THE DEPUTY SECRETARY OF THE GOVERNMENT, DEPARTMENT OF PERSONNEL ADMINISTRATIVE AND REFORMS, BIHAR, PATNA. ----------- For the petitioners :- M/S. Ajit Kumar & Avinash Kumar, Advocates. For the State :- Mr. P.K.Verma, A.A.G.-5 Dr. Mankeshwar Tiuwari, AC to AAG-5. ===== 7. 30.06.2011. Heard learned counsel for the petitioners and the State. 2. Petitioners were appointed as Personal Assistant under office order bearing no. 6 dated 10.01.1986, Annexure-5 to the writ petition after they appeared and became successful in the 3 limited departmental examination conducted by the B.P.S.C. Later their case was considered for grant of Assured Career Progression benefit under Bihar State Employees Condition of Service (Assured Career Progression Scheme) Rules, 2003 under office order bearing no. 311 dated 09.08.2007, Annexure-9 but they were allowed only second Assured Career progression benefit on completion of 24 years of service taking into account their date of appointment as Steno- Typist. Perusal of the said order, however, indicates that thereunder Personal Assistants who could not succeed in the limited departmental examination and were allowed to enter the cadre of the Personal Assistant through merger have been granted two A.C.P. benefits taking into account service rendered by them on the post of Steno-Typist. Aforesaid order was stayed by the State Government under order bearing No. 10659 dated 25.10.2007, Annexure-A to the counter affidavit. Under order bearing no. 10418 dated 19.10.2010, Annexure-14 stay of order no. 311 dated 09.08.2007, Annexure-9 has been vacated. It is submitted on behalf of the petitioner that aforesaid order dated 09.08.2007 suffers from the vice of arbitrariness as while granting A.C.P. benefits to the Personal Assistants who entered the cadre through merger both the benefits have been allowed taking into account the service rendered as Steno-Typist but in the case of the petitioners who have entered the cadre of the Personal Assistant through limited departmental examination conducted by the B.P.S.C. the period rendered as Steno-Typist has 4 not been taken into account and petitioners have been allowed only one A.C.P. benefit. 3. Having heard counsel for the parties, I deem it appropriate to direct the competent authority of the State Government to consider the case of the petitioners for grant of 1st A.C.P. taking into account the service rendered as Steno- Typist/Stenographer prior to their appointment in the cadre of Personal Assistant as has been done in the case of those Personal Assistants who have entered the cadre of Personal Assistant through merger. Necessary consideration in this regard be made by the competent authority, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. 4. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)