Service Law
Benefit of Assured Career Progression Scheme—Entitlement—Appellants sought issuance of directions to first respondent to introduce the benefit of the Assured Career Progression Scheme with effect from 09.08.1999 and to pay all monetary benefits—First respondent had not adopted the ACP Scheme of 2003 until the notification dt. 05.04.2005 was issued—Even as on the date the notification dt. 05.04.2005 was issued to adapt the scheme, all except the first appellant had retired from service—Though first appellant was in service upto 31.07.2008, neither the first appellant nor the other appellants or the other wrti petitioners had raised any grievance till the year 2011 as the position was clear that the Board in it’s discretion had adapted the scheme w.e.f. 05.04.2005—Further the amended Rules 2006 had thereafter been brought to amend certain provisions of ACP scheme of 2003 which ceased to exist after 31.12.2008 with the adaption of the modified ACP scheme w.e.f. 01.01.2009 with certain modifications—High Court adverted to all aspects and arrived at conclusion in accordance with law which does not call for interference—Appeal dismissed. [Bihar State Employees Conditions of Service (Assured Career Progression Scheme) Rules, 2003; Electricity (Supply) Act, 1948, Section 79(C)]
[Paras 12 to 15]