IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11084 of 2006 1. BIHAR STATE INDUSTRIAL TRAINING INSTITUTES EMPLOYEES ASSOCIATION THROUGH ITS PRESIDENT SRI RAM NATH SINGH S/O LATE MADAN MOHAN SINGH, MATH INSTRUCTOR, I.T.C. DIGHA, P.S. DIGHA, DISTRICT – PATNA. 2. SRI RAM NATH SINGH, S/O LATE MADAN MOHAN SINGH, MATH INSTRUCTOR, I.T.I. DIGHA, P.S. DIGHA, DISTRICT – PATNA. 3. SRI AMAR SINGH, S/O LATE RAM DAYAL SINGH, R/O ALOK HOME, YOGIPUR, CHITRAGUPTA NAGAR, P.S. PATRAKAR NAGAR, DISTRICT – PATNA, GENERAL SECRETARY, INDUSTRIAL TRAINING INSTITUTE EMPLOYEES ASSOCIATION, DIGHA GHAT, PATNA. ………. PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 3. COMMISSIONER-CUM-SECRETARY, LABOUR EMPLOYMENT & TRAINING, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4. THE DIRECTOR, LABOUR EMPLOYMENT & TRAINING, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. …….. RESPONDENTS. FOR THE PETITIONER : - MR. SURENDRA KR. SINGH, ADV MRS. SUDHA SINGH, ADVOCATE FOR THE STATE : - MR. RANA BHUPENDRA NR. SINGH, ADV. ----------- 02/ 15.03.2011 Heard counsel for the petitioners and counsel appearing for the State. Petitioner no. 1 in this writ application is Bihar state Industrial Institutes Employees Association through its President Sri Ram Nath Singh and Sri Ram Nath Singh and Sri Amar Singh are other petitioners. The relief, which has been prayed by both petitioners as well as collectively on behalf of Association is for a direction to the respondents to grant benefit of first and second Assured Career 2 Progression Scheme (A.C.P.) as per the notification of the Finance Department published in Bihar Gazette on 27th June, 2003 and also for allowing them all consequential benefits including arrears within stipulated time. Petitioners’ case is that in pursuance the Director, Labour Employment and Training by his order contained in Memo No.1513 dated 1.8.2006 has allowed the benefit of A.C.P. to some of the persons, who came before this Court and filed writ application. Though, the petitioners are also entitled for this benefit, but it is not being allowed to them. The Respondents have intentionally allowed other employees to retire without allowing them benefit of first and second A.C.P. despite their entitlement for it. Counter affidavit has been filed on behalf of Respondents 1 to 4 stating that the process for granting A.C.P. to the employees of Directorate, Labour and Employment Training as per the A.C.P. Rules 2003, has been initiated, for which different documents of the employees have to be scrutinized. The employees, who were in Clerical Grade III, their 3 cases were considered in the first phase and they were granted first and second A.C.P. by the Directorate order dated 1.8.2006. So far others are concerned, the Screening Committee is scrutinizing their service books and other documents. The employees have also been instructed to produce documents in proof of their claim. The employees, who have retired prior to 1999, are not entitled for A.C.P. For others the process of scrutiny is going on. Today when the matter was taken up counsel appearing for the State has produced before me the order issued under the signature of Director, Labour Employment and Training, Govt. of Bihar dated 11.2.2011, whereby the employees have been allowed benefit of first and second A.C.P. as per the A.C.P. Rules, 2003. Since the name of all the petitioners are not mentioned in the writ application, as such it is not possible to verify as to whether any interested persons’ case has been left from consideration, but so far list is concerned, it is a long list through which the benefit of A.C.P. has been allowed to them. So far petitioner no. 2 Sri Ram Nath Singh is concerned, the 4 order has been passed in his favour granting the benefit of first and second A.C.P., which is evident from the order annexed with the list. Considering the fact that grievance of the petitioners has already been redressed, this application is disposed of. DKS/ (Mridula Mishra, J.)