IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3506 of 2010 1. BEGUSARAI ZILA PARISHAD KARAMCHARI SANGH THROUGH ITS SECRETARY VASHISHTH PRASAD SINGH S/O KUSHESHWAR PRASAD SINGH RESIDENT OF VILLAGE- PANHAS,P.O.SUHIRDNAGAR,P.S. AND DISTRICT-BEGUSARAI 2. VASHISHTH PRASAD SINGH S/O KUSHESHWAR PRASAD SINGH RESIDENT OF VILLAGE- PANHAS,P.O-SUHIRDNAGAR,P.S AND DISTRICT-BEGUSARAI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY PANCHAYATI RAJ DEPARTMENT GOVERNEMNT OF BIHAR,PATNA 3. THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE,GOVERNEMENT OF BIHAR,PATNA 4. THE DIRECTOR PANCHAYATI RAJ DEPARTMENT 5. THE DEPUTY DIRECTOR CUM DEPUTY SECRETARY PANCHAYATI RAJ DEPARTMENT,GOVERNMENT OF BIHAR,PATNA 6. THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER ZILA PARISHAD,BEGUSARAI ----------- For the Petitioner : Mr. Tej Bahadur Singh, Senior Advocate. M/S Gyan Shankar, Brajesh Kumar & Brisketu Saran Pandey, Advocates. For the State : Mr. Ravi Shankar, A.C. to G.P-7 For the Zila Parishad : Mr. Nikesh Kumar, Advocate. ===== 2. 18.03.2010. Heard learned counsel for the petitioner and the Zila Parishad, Begusarai. 2. Petitioner is aggrieved by the order bearing Memo No. 910 dated 6.12.2008, Annexure-2, whereunder Assured Career Progression allowed to him in the light of the notification of the State Government bearing no. 4685 dated 25.6.2003 has been cancelled in compliance of the Government instructions contained in Letter No. 6138 dated 3.12.2008, Annexure-1. 3. It is submitted on behalf of the petitioner that Assured Career Progression was allowed to him and other employees of the Zila Parishad in compliance of the resolution of the Zila Parishad dated 24.5.2007 and 4.6.2007, as contained in Annexures 8 and 9 to this application and could not have been cancelled under the impugned order in compliance of the - 2 - directions of the State Government contained in Letter No. 6138 dated 3.12.2008, Annexure-1. In this connection, it is also pointed out that Zila Parishad employees are governed by Bihar Panchayat Samiti and Zila Parishad (Service Condition) Rules, 1964. Sub-Rule (7) of aforesaid Rule 7 provide that the service condition applicable to the employees of the State Government is ipso facto applicable to the employees of Zila Parishad and petitioner having been allowed the financial benefit under Assured Career Progression Scheme in terms of the Bihar State Employees Conditions of Service Conditions Amendment (“Assured Career Progression Scheme”) Rules, 2003 could not have been deprived of those benefits under the impugned order and in appreciation of the aforesaid submission the impugned order dated 6.12.2008, Annexure-2 be quashed. 4. Learned counsel for the Zila Parishad has opposed the submission. He states that the Bihar State Employees Conditions of Service Conditions Amendment (“Assured Career Progression Scheme”) Rules, 2003 has not been adopted by the Zila Parishad and is not applicable to the employees of the Zila Parishad but under some misconception the employees of the Zila Parishad including the members of petitioner association including petitioner no.2 was allowed the financial benefit under Assured Career Progression Scheme vide proceeding of Zila Parishad, Annexures 8 and 9 although Zila Parishad never adopted Assured Career Progression Scheme Rules, 2003. - 3 - Aforesaid illegal grant of Assured Career Progression benefit was brought to the notice of the State Government whereafter the State Government issued instruction contained in letter no. 6138 dated 3.12.2008, Annexure-1 to the Deputy Development Commissioner of all the Zila Parishads informing the Zila Parishads that the Assured Career Progression Scheme Rules, 2003 does not apply to the employees of the Zila Parishads and in appreciation of such instruction and the legal position that the Assured Career Progression Scheme Rules, 2003 has not been adopted by the Zila Parishad, the impugned order dated 6.12.2008, Annexured-2 recalling the financial benefit under Assured Career Progression Scheme Rules, 2003 has been passed. 5. Having heard counsel for the petitioner and having appreciated the position that the Assured Career Progression Scheme Rules, 2003 has not been adopted by the Zila Parishad and financial benefit under the aforesaid Rule, 2003 was illegally allowed to the employees of the Zila Parishads under order dated 21.8.2007, the Deputy Development Commissioner has chosen to cancel such grant under the impugned order dated 6.12.2008, Annexure-2 and I do not see any illegality in the impugned order passed by the Deputy Development Commissioner dated 6.12.2008, Annexure-2 and the writ application is dismissed. P.K.P. (V.N.Sinha,J.)