IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.2014 of 2011 In Civil Writ Jurisdiction Case No. 5278 of 2011 ====================================================== Jai Shankar Mandal, son of Late Laxmi Narain Mandal resident of village + P.O. + P.S.- Bhawanpura, Via- Khartik Bazar, District- Bhagalpur .... .... (Petitioner)/Appellant Versus 1. The State of Bihar 2. The Principal Secretary, Department of General Administration, Government of Bihar, Patna 3. The Commissioner-Cum-Secretary, Department of Finance, Government of Bihar, Patna 4. The Joint Secretary, Department of General Administration, Government of Bihar, Patna. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Sachin Kumar, Advocate. For the Respondent/s : Mr. Rishiraj Sinha GP 19 Mr. Rakesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 24-07-2012 This Appeal preferred under Clause 10 of the Letters Patent arises from the order dated 13th October 2011 made by the learned single Judge in above CWJC No. 5278 of 2011. The appellant- writ petitioner, a Block Development Officer at the relevant time, filed above CWJC No. 5278 of 2011 under Article 226 of the Constitution for extension of benefit of first Assured Career Progression from the due date i.e. from 20th June 2002. The same was refused to the appellant on the ground that a disciplinary proceeding was pending against the appellant. Now, after filing counter affidavit by the respondent-State of Bihar, it has come on record that the Committee for grant of Assured Career Progression had met in 2005 and then in 2008. Patna High Court LPA No.2014 of 2011 (4) dt.24-07-2012 2 / 2 2 The disciplinary proceeding referred to by the respondent-State of Bihar was initiated against the appellant on 14th October 2007. In other words, in 2005 when the Committee met to consider the cases for grant of Assured Career Progression, there was nothing adverse against the appellant. Although adequate opportunity has been given to the respondent-State of Bihar, no reason has come forth, why in 2005 the appellant was not allowed Assured Career Progression. In absence of any reply, we must hold that the appellant’s claim for grant of Assured Career Progression with effect from 20th June 2002 should be considered afresh on the basis of the materials available to the Committee in 2005. For the aforesaid reason, this Appeal is allowed. The respondent authorities are directed to consider the claim of the appellant for grant of first Assured Career Progression with effect from 20th June 2002 or from any date thereafter on the basis of the records available to the Committee in 2005. The said exercise shall be completed within six months from today. In the event the order is made adverse to the appellant, the appellant shall have liberty to challenge the same in a substantive proceeding before the appropriate forum. Sujit/- (R.M. Doshit, CJ) (Ahsanuddin Amanullah, J)