IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10069 of 2010 1. Mithilesh Kumari Jha W/O Kameshwar Jha R/O Bose Park, M.G.Road, Bhagalpur-01, P.S. Kotwali, Town & Distt.- Bhagalpur Versus 1. The State Of Bihar Through The Principal Secretary, Department Of Industries, Govt. Of Bihar, Patna 2. The Joint Secretary, Department Of Industries, Govt. Of Bihar, Patna 3. The Director Handlum & Sericulture, Department Of Industries, Govt. Of Bihar, Patna 4. The Principal, Bihar Silk & Textile Institute, Nathnagar, Bhagalpur ---------------------------------- For the Petitioner : Mr. Purushottam Kumar Jha, Advocate For the State : Mr. Avinash Kumar, AC to SC XI ------------- 4. 24.11.2011 Heard learned Counsel for the petitioner and the State. The claim in the writ application is to be considered for grant of first and second ACP with effect from 9.8.1999 and 9.9.2007 respectively. Though the synopsis lays out a claim for time bound promotion also with effect from 9.9.1993 there is no such pleading in the writ petition or the relief sought in that context except for recital as a matter of fact at para 13 of the writ application. The Court declines to consider any claim for time bound promotion which in any event appears highly belated. Learned Counsel submits that the petitioner was initially appointed on 9.9.1983 as a Lecturer in Economics in Bihar Institute of Silk and Textile, Nathnagar, Bhagalpur on part time basis. He was regularised on 24.9.1991 pursuant to the order of this Court dated 15.5.1990 in CWJC No. 1568 of 1988 unsuccessfully questioned by the respondents in Special Leave Petition (Civil) No. 16099 of 1990. Relying on the order in the writ petition emphasis was laid that the 2 Court had noticed that the petitioner was performing same duties as other lecturers and must therefore get the same salary and conditions of service as granted to other Lecturers. The Court invoked the directive principle of State Policy for “equal pay for equal work” and the duty of the respondents to act as a model and enlightened employer. It was also noticed that the petitioner was being exploited on a meager remuneration contrary to the socialistic principle incorporated in the Constitution. If other Lecturers have had the benefit of ACP and the petitioner was working alongside them and was found to have been meted out lesser conditions of service wrongly he is now required to be paid at par by giving him the benefit of past service and granting him ACP also. Counsel for the Commission relies upon the ACP Rules framed in 2003 under Article 309 of the Constitution promulgated on 25.6.2003 at Rule 4(4) Explanation (1) and submits that a person appointed on daily wage or ad hoc, contract or work charge would not be entitled to count that period of service for purpose of ACP. The judgment of the Court directing his regularisation came to be made on 15.5.1990.The respondents have not regularised her with retrospective effect but prospectively from 24.9.1991. The petitioner has not questioned the same. The law with regard to grant of ACP statutory in nature under Article 309 of the Constitution of India has been promulgated subsequently. It prohibits taking into consideration the period of service rendered by the petitioner in other than regular capacity. The Court finds it difficult to interpret the order of the Court as overriding the statutory law when it never had the occasion to consider the same. There is no challenge to ACP Rules or its validity. So long 3 as the statutory rules operate and stands in the way of the petitioner the Court finds it difficult to grant any relief. The petitioner has made out a claim to be considered for grant of ACP to be reckoned from 24.9.1991. If the petitioner so represents the respondents are required to not only decide the same but also ensure that the actual benefits, if any, are made available to the petitioner within a maximum period of four months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)