Facts
The petitioner entered service in 1974 and later served as an Assistant Jailor. He retired on 30 June 2007.
Source reference: pp. 2–4He sought the benefit of ACP/MACP and challenged the departmental rejection of his claim.
Source reference: pp. 2–4The State opposed the claim on the ground that he had received two promotions before the ACP scheme was implemented in 2003 and had retired before the MACP scheme took effect in 2009/2010.
Source reference: pp. 2–4The Court dismissed the writ petition on those grounds.
Source reference: p. 5Issues
Whether the petitioner was entitled to ACP despite having received two promotions before implementation of the ACP scheme in 2003.
Source reference: pp. 4–5Whether the petitioner was entitled to MACP after retiring on 30 June 2007, before implementation of the MACP scheme.
Source reference: pp. 4–5Law Applied
The Court applied the scheme implementation dates stated in the judgment: the ACP scheme took effect in 2003, and the MACP scheme took effect on 1 January 2009.
Source reference: pp. 4–5It accepted that an employee who had already received two promotions before implementation of the ACP scheme was not entitled to ACP, and that a person who retired before implementation of the MACP scheme was not entitled to MACP.
Source reference: pp. 4–5The judgment cites no specific statutory provision, rule text, or precedent.
Source reference: no citationReasoning
The Court accepted the State’s position that the petitioner had received two promotions before the ACP scheme came into effect.
Source reference: pp. 4–5It further noted that he retired in 2007, before the MACP scheme’s implementation on 1 January 2009. On that basis, it held that neither scheme entitled him to the relief sought.
Source reference: pp. 4–5Holding
The Court held that the petitioner was not entitled to ACP or MACP.
The Court dismissed the writ petition.
Source reference: p. 5Original Court PDF
Puneshwar RoyvsThe State of Bihar
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